THE High Court on Friday delivered a ruling which effectively struck out all the evidence in which the Petitioner Gordon Darcy Lilo was going to rely on to support the remaining allegations of bribery and undue influence.
Earlier in January this year, the Chief Justice struck out the majority of the allegations against Gizo-Kolombangara MP Lanelle Tanagada and the Returning Officer and the Electoral Commission but ruled that there was sufficient evidence to proceed to trial on the remaining grounds.
However, on 5 March 2020 Wilson Rano on behalf of Tanangada filed a list of objections against the Sworn Statements of Junior Gio, Charles Bati, Fred Dollar, Killy Luta, Ben Ma’aria, George Bui and Gordon Darcy Lilo on grounds that the evidence in those Sworn Statements was hearsay, speculative and conjecture.
In other words, the evidence was not those that could be relied on in a trial.
On hearing of the objections on 5 March 2020, Justice Higgins made an oral ruling striking out all the sworn statements.
On 12 March 2020, Justice Higgins delivered his written ruling effectively striking out all the sworn statements on grounds of hearsay.
Justice Higgins went on further to rule that even if all the sworn statements were to be admitted there is still no sufficient evidence that would warrant any finding of guilt on the part of Tanagada.
Justice Higgins added that in any event Tanangada had never been charged and convicted so that Section 129 of the Electoral Act would apply.
On Friday morning following attempts by Lilo’s lawyer Mrs. Tongarutu to derail Mr. Rano’s application to strike out, Justice Higgins went on to dismiss Lilo’s petition.
Effectively what this means is that Honourable Tanagada was duly elected and returned on 3 April 2019 as the Member of Parliament for Gizo/Kolombangara.
Tanagada had previously beaten Lilo in a by-election in 2018 following Lilo’s successful challenged to her husband’s election in 2014.
Tanagada beat Lilo for the second time on 3 April 2019.
