Zeming gets leave to file dispute
After two years of legal wrangling, the Supreme Court has allowed former Tewai-Siassi MP Mao Zeming to file his election petition in the National Court.
In a ruling handed down on Wednesday, the Supreme Court overturned Justice Colin Makail’s lower court decision dismissing Zeming’s petition for being filed out of time.
Following the National Elections, Zeming filed an election petition in the National Court in Lae on August 29, 2017, challenging the election of Dr Kobby Bomareo as the MP-elect for Tewae-Siassi.
The petition was rejected by the National Court registry in Lae, acting on the advice of the Electoral Commission, for being filed one day outside the 40-day limit.
Mr Zeming’s calculation of the 40-day limit was based on his understanding that 40 days from the declaration date of July 19 was August 29, 2017.
The Electoral Commission, however, based its calculation on the date of declaration being July 18, which is also the date stated on the writ.
This would mean August 29 would be the 41st day, hence one day late.
Aggrieved by the Electoral Commission’s decision to accept his petition, Mr Zeming filed a judicial review in the National Court.
The case went to trial on November 24, 2017, before Justice Makail, who ruled that the date of declaration was as per the writ.
This was despite evidence to the contrary by the returning officer Ralph Ryan that he had made the declaration on July 19 and that the date inserted on the writ was done by someone else.
Mr Zeming appealed to the Supreme Court on February 2, 2018.
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