Aita Ivarato v Peti Lafanama and The Electoral Commission of Papua New Guinea [1998] PNGLR 297

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 16 January 1998
• Court: National Court
• Citation: [1998] PNGLR 297
• Docket Number: In the Matter of the Election for the Eastern Highlands Regional Electorate
• Year: 1998
• Judgement Number: N1690

Full Title: In the Matter of the Election for the Eastern Highlands Regional Electorate; Aita Ivarato v Peti Lafanama and The Electoral Commission of Papua New Guinea [1998] PNGLR 297

National Court: Woods J

Judgment Delivered: 16 January 1998

N1690

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

EP 39 OF 1997

IN THE MATTER OF THE ELECTION FOR THE EASTERN HIGHLANDS REGIONAL ELECTORATE

AITA IVARATO — PETITIONER

PETI LAFANAMA — FIRST RESPONDENT

ELECTORAL COMMISSION OF PNG — SECOND RESPONDENT

Goroka

Woods J

15-16 January 1998

PARLIAMENT — elections — disputed election return — undue influence — false statements — tough campaigning and criticism of the government or undue influence.

Cases Cited

In Re Koroba-Lake Kopiago Parliamentary Election [1977]PNGLR 328

In Re Menyamya Open Parliamentary Election [1977] PNGLR 298

Counsel

M Kuwimb for the Petitioner

N Tenige for the First Respondent

W Neill for the Second Respondent

16 January 1998

WOODS J: This is a Petition disputing the validity of the Election for the Eastern Highlands Regional seat in the Eastern Highlands Province in the 1997 National Elections. Following a preliminary hearing on objections to the Petition heard in October when most of the allegations in the Petition were struck out the matter was ordered to go to trial on paragraph 7 of the Petition.

This allegation is that: "On 7th May 1997 at Joite village in the Daulo Open Electorate in the Eastern Highlands Province at a political campaign rally held for Benny Wally, a candidate for the Daulo Open Electorate, the First Respondent was allowed to campaign for himself. The First Respondent in his campaign speech issued and made false statements to electors. Either the First Respondent:

(a) knew the statements to be false; or

(b) did not have any belief in the statements, or

(c) made the statements carelessly whether the statements were true or false.

With the intention that the electors should vote for him and not other candidates.

The effect of the false statements were:

(a) Sir Julius Chan and his Cabinet had sold our customary land to the World Bank and International Monetary Fund. The very land where we make our gardens, our bushes where we collect firewood and timber for houses and fences, and the jungles and river and the like.

(b) The Government of Sir Julius Chan had hired a company (who he referred to as Sandline International) which was a private army to kill and destroy. The Hiring of Sandline International was not only to solve the Bougainville crisis but also contracted to come in, kill and destroy Papua New Guinea citizens to pave way for the Land Mobilisation Policy to be effected.

(c) The Government of Sir Julius Chan was trying to get rid of landowners through the barrel of a gun to get the said landowners' land.

This allegation is an allegation of undue influence. Under the Organic Law on National and Local-Level Government Elections Section 215 (1) if the National Court finds that a candidate has committed or attempted to commit bribery or undue influence, his election if he is the successful candidate shall be declared void. Under this provision there is no requirement that the Court should be satisfied that the result of the election was likely to be affected. A single incident of undue influence by the candidate is sufficient.

Realising the seriousness of such a single incident of bribery or undue influence in an election situation what is the onus of proof? As was noted by Frost CJ in In Re Menyamya Open Parliamentary Election [1977] PNGLR 298, an election is a serious and expensive matter and is not lightly to be set aside. As His Honour in that case found, 'the ground of it must be proved to my entire satisfaction'. And this is the standard of proof that has been...