THE election petition filed against Member of Parliament for West Honiara, Namson Tran has been dismissed in the High Court.
This followed an application made by MP Tran through his lawyers to strike out all six allegations of bribery made against him by the petitioner, Wilson Mamae.
In his ruling, Chief Justice Sir Albert Palmer granted the application to strike out the amended petition in its entirety.
Sir Albert agreed with the submission by MP Tran’s lawyers that the allegations of bribery filed against the Parliamentarian failed to disclose sufficient grounds to warrant a hearing and were therefore frivolous or vexatious.
He therefore ordered the following actions:
- That the application for strike out be granted, with costs to be taxed if not agreed;
- That the petitioner pay for the respondent’s (MP Tran’s) costs and incidentals of the petition, including this application with Certificate for the King’s Counsel;
- That the sum of $40,000 deposited by the petitioner as security for costs be released to the respondent’s solicitors and credited against any cost payable under paragraph (2) above; and
- That a Certificate of the High Court order confirming the dismissal of the petition and affirming that the respondent is the duly elected Member of Parliament for the West Honiara Constituency shall be issued to the Electoral Commission, the Governor-General and the Speaker of Parliament.
The former Mayor Mamae, who was a candidate for the West Honiara Constituency Parliamentary seat, filed the petition after he lost to MP Tran.
MP Tran and his lawyers filed an application last September for the High Court to dismiss or strike out the election petition as was amended, in its entirety.
They contended the grounds filed in the petition, which all pertain to allegations of bribery under section 126 of the Electoral Act, failed to disclose sufficient grounds to justify a hearing and thus rendered the petition frivolous or vexatious and be dismissed or struck out.
MP Tran was represented by John Sullivan KC and Patrick Raerora of Sol-Law, whilst Mark Adam Sina of Honiara Attorney represented Mamae.
Edward Waiwaki for the Attorney General (AG) appeared as Amicus Curiae (Friend of the Court).
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
