THE Member of Parliament (MP) for Gao-Bugotu Constituency, Trevor Hedley Mahaga and the Returning Officer for the constituency are facing trial in the High Court for some of the allegations contained in the petition case filed against the MP.
Judge Augustine Aulanga on Tuesday ordered that the allegation of Breach of the Electoral Act filed against the MP along with two allegations filed against the Electoral Commission and its officer go for trial.
For the Breach of the Electoral Act offence, the petitioner alleged that MP Mahaga campaigned outside of the campaigning period.
The two allegations filed against the Electoral Commission claimed that the Returning Officer failed to give counting agents a statement on the ballots and also failed to verify whether all ballot papers were cast together with sealed pack containing pre-polled ballots.
On the other hand, Judge Aulanga dismissed the allegation of Bribery against Mahaga and four other allegations filed against the Electoral Commission.
Former MP Samuel Manetoali filed the petition against Mahaga after he lost his bid to retain the Gao-Bugotu Parliamentary Seat.
He filed the petition on the grounds of Bribery and Breach of the Electoral Act.
The Electoral Commission, which is represented by Attorney General’s Chamber, is included in this petition case as the second respondent.
Mr Manetoali alleged six counts of electoral offences against the Electoral Commission.
However, MP Mahaga, through his lawyer Sheena Kilua of Rano & Company, filed the application to strike out the petition.
They deem the pleadings in the petition do not specify which section of the Electoral Act the petitioner is relying on.
MP Mahaga also argued that the activity, which the petitioner claimed as campaigning activity, was done after the campaigning period and therefore does not fall under the campaigning activity.
They deem the petition is frivolous and vexatious.
Having dismissed one ground against Mahaga and four grounds against the Electoral Commission, Mr Aulanga said the remaining grounds will go for trial.
A pre-trial conference will be conducted on November 26.
The petitioner is engaging the L & L Lawyers.
MP Mahaga is the Minister for Environment, Climate Change, Disaster Management and Meteorology.
ASSUMPTA BUCHANAN
Solomon Star, Honiara
