2018 General Election Results Case: High court advised of potential witnesses

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Prime Minister Voreqe Bainimarama and AG Aiyaz Sayed-Khaiyum outside the High Court in Suva this morning. Picture: JESSICA SAVIKE

THERE were 108 people that were deprived their right to vote.

Suva lawyer Jon Apted who is representing SODELPA leader Sitiveni Rabuka and National Federation Party leader Biman Prasad alongside lawyers Filimoni Vosarogo and Simi Valenitabua highlighted this at the High Court in Suva this morning while advising the Court of the number of potential witnesses that Petitioners might have to call.

Mr Rabuka and Mr Prasad had filed a petition against 27 FijiFirst party parliamentarians, former FijiFirst MP Faiyaz Koya and the Supervisor of Elections regarding the 2018 General Election results.

Mr Apted submitted to the Court that when the case is called for further directions on Thursday, the Petitioners would be seeking directions about witnesses.

He submitted that although the case was proceeding on the basis that evidence was to be by way of affidavits, neither the Electoral Act nor the Court rules required affidavits to be filed with a petition.

He submitted that the Electoral Act only referred to the oral evidence of witnesses at the hearing.

Mr Apted said that this was why at the end of the Petition it referred to affidavit evidence subject to the directions of the Court.

Justice Kamal Kumar who is hearing the case jointly with Justice Anjala Wati asked Mr Apted why they had filed two affidavits for the Petitioners with the Petition.

In response, Mr Apted said that the Petitioners felt that they had to file something with the Petition.

He emphasised his submission that the Act provided for the evidence of witnesses.

Justice Anjala Wati then asked how many witnesses the Petitioners proposed.

Mr Apted  informed the court that they have eight principal witnesses and but there were also 108 people who say that they were deprived their right to vote and whether they would need to give evidence would depend on how the Supervisor of Elections responded to the allegations in the Petition about them.

Solicitor-General Sharvada Sharma who is is representing the Supervisor of Elections said there is no evidence that the 108 people turned up to vote.

Justice Wati told the parties to not expect to call all the witnesses they have as the court may say that certain witnesses will be allowed while certain won’t be allowed.

Justice Kumar however refused to take a memorandum that contained submissions from the Mr Vosarogo about the preliminary directions that  the Petitioners were seeking and stated that the court will guide them.

Justice Wati has ordered that the respondents file their answers and any other affidavits on or before 3pm Wednesday, December 19, 2018.

The case has been adjourned to Thursday, December 20, 2018 at 10am, to fix a hearing date and to give further directions.

 

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