A PRE-TRIAL conference will be conducted on the election petition case of the Member of Parliament (MP) for East Guadalcanal, Bradley Tovosia on November 29.
Judge Augustine Aulanga set the date on Wednesday after refusing to grant the application to strike out the petition filed against MP Tovosia and officers of the Electoral Commission.
“Application to strike out the petition in grounds 3. A, (Bribery) 3. B, (Bribery) 4. A (Undue Influence), 5 (Interfering with voting by Presiding Officer) and 6 (Production of Poster) is refused,” Judge Aulanga said in his ruling on Wednesday.
He said these 5 grounds will proceed to trial.
Mr Aulanga, however, dismissed 4.B (Undue Influence), saying there was no need for this count to proceed to trial.
The petitioner Jessey Koli filed the petition after MP Tovosia retained the East Guadalcanal Constituency Seat in the National General Election on April 17.
He filed the petition on two grounds of Bribery, two grounds of Undue Influence and one ground of Production of Poster.
The petition included one ground of Interference with Voting by Presiding Officer against the Returning Officer and also the Presiding Officer.
The Presiding Officer and Returning Officer are named as Respondent 2 and Respondent 3 in this petition case.
MP Tovosia filed the application to strike out the petition, claiming the petitioner did not properly plead it out.
Given Judge Aulanga’s dismissal of the ground of Undue Influence at Tabunahabu in East Guadalcanal, only five grounds will proceed to trial.
The grounds against MP Tovosia that will proceed to trial are two briberies allegedly committed at Koilobisi and Vila/Haimaro, one Undue Influence allegedly committed at Karukaru and one ground of Production of Poster.
The Presiding Officer and Returning Officer are facing trial on the ground of Interfering with Voting.
The petitioner is engaging Gabriel Suri of Suri’s Law Practice, while Wilson Rano of Rano & Company is representing MP Tovosia.
The Attorney General’s Chamber is representing the Returning Officer and Presiding Officer.
MP Tovosia is the Deputy Prime Minister and Minister for Mines, Energy and Rural Electrification.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
