HIGH COURT IN TUVALU
In the high court of Tuvalu last week, Gordon Ward, Chief Justice listened to more than 10 cases brought before him which involved the Prime Minister a Cabinet member and a backbencher.
Matanle Iosefa, a candidate from Vaitupu constituency in the last general election August 2006, made an election petition against Apisai Ielemia, now Prime Minister for corrupt and illegal practices in the period leading up to the election.
The petition was originally brought on two grounds;
1. That the respondent engaged in corrupt or illegal practices and his election is therefore invalid pursuant to section41(1) of the Elevtoral Provisions (Parliament) Act; and?2. In the alternative, that the respondant engaged in corrupt or illegal practices such that it may be responably supposed to have affected the result and his election is therefore void pursuant to section 41(2) of the Electoral Provision (Parliament) Act.
He sought an order that Ielemia’s election be declared invalid and a bye-election declared for his seat.
Chief Justice dismissed the petition on Friday 13th October on the basis that “the evidence falls far short of satisfying the burden placed on the petitioner to prove on a balance of probabilities any corrupt practice by the respondent” (Ielemia).
Yesterday morning CJ also declared the verdict for the case of two current members to Parliament from Niutao.
He also dismissed the petition filed by one of the candidates of Niutao in the August 2006 general election. In his judgment CJ stated that on the evidence adduced before him, “although he was satisfied that the 2 MPs had “planned” the meeting at the Niutao Falekaupule only a week prior to the General Election, it was nevertheless an election where the acts of campaign of this nature were expected and common…it was there not defamatory and it did not prevent a free and fair election”.
Other cases included one against the Kaupule of Niutao and Vaguna Satupa for wrongful dismissal and assault. CJ in his decision held in favour of the plaintiff (Seta Manase) and he has also ordered lawyers from both sides to file submissions on what would be the appropriate sum for cases of this nature.
The rest of the cases were lands appeal court and there was also one that CJ ordered the Tuvalu National Provident Fund to release funds to pay out the maintenance fee for the plaintiff in this particular case.
Chief Justice Gordon Ward will leave the country this week.
