Chief Justice Sir Albert Palmer has dismissed the election petition case filed against former Prime Minister (PM) and Member of Parliament (MP) for East Choiseul Manasseh Damukana Sogavare.
This followed an application by MP Sogavare to strike out the election petition case, arguing the petition and statements from the Petitioner’s witnesses failed to disclose facts that amount to the offence of bribery.
The petition was filed by David Qurusu, an unsuccessful bidder for the East Choiseul Constituency in last April’s National General Election
Mr Qurusu pleaded six allegations of bribery in the petition, two involving MP Sogavare directly and four involving his agents acting on his instructions.
However, in a thorough and detailed judgement, Sir Albert found that the petition failed to establish sufficient grounds to warrant a hearing.
The two allegations where voters claimed Sogavare personally gave them money lacked evidence to show that the money was given with the corrupt intent to influence their votes.
In fact, the money was provided for food preparation, and the expenditure was properly recorded in the Report for Election Expenses, which was submitted to the Chief Electoral Officer as required by Electoral Act 2019.
This same report was tendered as evidence in Court by Hon. Sogavare.
The court ruled that proceeding to trial with a petition certain to fail would be a waste of time, effort and resources.
As a result, Sir Albert ordered the petition to be struck out and declared Sogavare duly elected member for East Choiseul Constituency.
Yvette Samuel and Evan Olofia of L&L Lawyers represent Mr Qurusu, whilst Jillian Soaika and McChesney Ale of Rano & Company represent MP Sogavare.
Jordan Devesi for Attorney General (AG) appeared as amicus curiae (friend of the Court).
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
