BY ROMINAH FAKA
The High Court has struck out the election petition case against Member of Parliament for West Honiara Constituency Namson Tran.
The ruling was delivered yesterday at High Court by Chief Justice Sir. Albert Palmer.
Court orders the application for strike out is granted, with costs to be taxed if not agreed.
The petitioner Wilson Mamae ordered to pay the respondent Namson Tran costs of and incidental to the petition, including this application, with certification for King’s Counsel.
The sum of $40,000, deposited by the Petitioner as security for costs, is to be released to the Respondent’s solicitors and credited against any cost’s payable under paragraph (2) above.
A Certificate of this Court’s Order confirming the dismissal of the Petition and affirming that the Respondent is the duty elected Member of Parliament for the West Honiara Constituency shall be issued to: The Electoral Commission, the Governor -General of Solomon Islands, and the Speaker of Parliament.
In delivering the ruling, CJ Palmer ruled the application to strike out the amended election petition in its entirely is granted and dismissed on the basis that, the allegations of the bribery fail to disclose sufficient grounds to warrant a hearing, are frivolous or vexatious, and do not establish a reasonable cause of action. Therefore, the petition is strike out with costs to be taxed if not agreed.
The petitioner Wilson Mamae filed six grounds of bribery allegations against the respondent Hon. Namson Tran contrary to section 126 of the Electoral Act.
The petitioner alleged that respondent and his agents distribute funds in form of monies to the voters, with the intention to influence and hold the people therein to vote for the respondent and to refrain from voting another candidate at the 2024 National General Election.
The respondent and his lawyer in respond filed an application to strike out the petition on the basis that; the six allegations of bribery filed by the petitioner and his lawyer fails to disclose sufficient grounds to justify a hearing and the petition is frivolous or vexatious, and lacks a reasonable cause of action, and should therefore be dismissed or strike out.
John Sullivan KC and Patrick Raerora of Sol- Law Lawyers represent the Respondent Namson Tran and Mark Adam Sina of Honiara Attorney Firm represent Petitioner Wilson Mamae and Edward Waiwaki from Attorney General Chamber (Amicus Curiae).
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