CHIEF Justice Sir Albert Palmer has struck out the election petition filed against the Member of Parliament for Gizo-Kolombangara, Jimson Tanangada due to lack of evidence to support the allegations therein.
Sir Albert ordered in his ruling on Wednesday that all six grounds of election bribery and one ground of ineligibility to contest this year’s National General Election that were filed against MP Tanangada be dismissed or struck out due to insufficient evidence.
“The petition accordingly should be struck out and I order costs accordingly in favor of the Applicant (Tanangada) to be taxed, if not agreed,” Sir Albert stated in his ruling.
“I direct that a Certificate of this Court’s Order or dismissal be issued herewith, confirming that the Applicant/Respondent (Mr Tanangada) is the duly elected Member of Parliament for the Gizo-Kolombangara Constituency to the Electoral Commission, His Excellency the Governor General of Solomon Islands and the Speaker of Parliament,” the CJ said.
One of the candidates who lost their bid to secure the constituency seat in the April 17 National General Election, Peter Soqoilo filed the petition.
Sir Albert said there is very little ground or basis to sustain the petition as it is clear from the wording of the petition itself that the allegations of bribery raised do not relate to the question of whether MP Tanangada was ineligible to contest or be disqualified from election.
Sir Albert said Mr Francis Waleanisia who represents the Petitioner had submitted and conceded that the Petition did not challenge the eligibility of the Applicant.
He said Mr Waleanisia had clarified that the issue for determination raised in the petition are whether MP Tanangada has shown that the petition should be struck out on the grounds that it is frivolous or vexatious, or that there are insufficient grounds to warrant its hearing.
“Having heard the submission of the Counsel on this issue and noting what the written submission relied on, I am satisfied this first ground should be dismissed as relying on a misconstruction of the ground sought to be relied on in the petition by erroneously focusing on the use of the words “not qualified” and or “disqualified” and taking them out of context from the substance of the petition, which seeks to submit that the election be declared invalid as a consequence of the six grounds of bribery alleged.
“I am satisfied therefore this first ground of the application should be dismissed.”
Sir Albert also mentioned in his ruling that one of the Election Bribery allegations has been lodged with the Police.
“I note it appears that a compliant has been lodged with the Police.
“It is important to note that this is a separate process and has little impact in terms of the question of sufficiency of particulars and pleadings that are required to warrant the petition to proceed to the next state of hearing in this election petition.”
MP Tanangada and his lawyer applied to strike out the petition on grounds of frivolousness and vexatiousness, claiming that the petition lacks sufficient evidence to warrant a hearing.
Ms Jillian Soaika of Rano & Company represented Mr Tanangada whilst Mr Soqoilo engaged Private Lawyer Mr Francis Waleanisia.
MP Tanangada is the Minister for Police, National Security and Correctional Services.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
