Siwi Bungo v John Robin and Andrew Trawen and Electoral Commission of Papua New Guinea (2011) N4195

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 17 January 2011
• Citation: (2011) N4195
• Docket Number: OS NO 220 OF 2009
• Year: 2011

Full Title: OS NO 220 OF 2009; Siwi Bungo v John Robin and Andrew Trawen and Electoral Commission of Papua New Guinea (2011) N4195

National Court: Cannings J

Judgment Delivered: 17 January 2011

JUDGMENT

ELECTIONS—local-level government elections—judicial review by National Court of decision of District Court dismissing election petition—whether District Court’s failure to address grounds of petition was lawful.

The plaintiff was runner-up in a local-level government election. He filed a petition challenging the result of the election in the District Court, relying on alleged errors by electoral officials in both the polling and the counting. At the time set for hearing the petition there was an incident in the courtroom. The plaintiff indicated that he wanted the presiding Magistrate to disqualify himself, and left the courtroom. The Magistrate was concerned about the manner in which the plaintiff addressed the court and issued a warrant for the arrest of the plaintiff and his supporters, charged them with contempt of court, convicted and fined them. The Magistrate dismissed the petition without addressing its merits. The plaintiff sought judicial review by the National Court of the decision to dismiss the petition.

Held:

(1) When there is a dispute of fact over the proceedings of the District Court, the presumption of regularity regarding judicial proceedings, should be applied: the proceedings are presumed to have been conducted properly and the court’s records are presumed to be accurate; thus, any person challenging that record has the onus of proving that it is incorrect.

(2) Here, the plaintiff failed to prove that the proceedings took place other than as set out in the official record of the District Court.

(3) The official record of the District Court showed that the plaintiff acted inappropriately and contemptuously. That being the case, the District Court acted properly by dismissing the petition, without considering its merits.

(4) The judicial review of the decision of the District Court was accordingly dismissed.

Cases cited

The following cases are cited in the judgment:

Bolvin Paikara v Rima Nau [1971–72] PNGLR 354; Brian Michael Costello v The Controller of Civil Aviation (No 2) [1977] PNGLR 476; Peter Simbi v John Masueng [1999] PNGLR 171; Jubilee Hambru v Michael Baur (2007) N3193; David Kuna v Vincent Eralia (2004) N2771; NCDIC v Crusoe Pty Ltd [1993] PNGLR 139; Peter Yama v BSP(2008) SC921; Rahonamo v Logae Enai (Re Hitau) [1971–72] PNGLR 58

JUDICIAL REVIEW

This was a review by the National Court under s155(3)(a) of the Constitution of the decision of a District Court dismissing a petition against the result of a...