Cook Islands Times Weekly | Issue 172 16 October 2006

HERE COMES THE JUDGE
Petitions filed, lawyers prepare
By Charles Pitt, Political Editor

At 9am Friday, legal counsel representing the Cook Islands Party (CIP) and Democratic Party held a meeting with Justice Tom Weston. This was concerning the electoral petitions filed following the general election of 26 September.
The last day for filing was Thursday 12 October and Aitutaki MP Teina Bishop, believing a petition was to filed against him, filed a defensive petition.
The Times met with CIP leader Henry Puna at 11.30am Friday. His mood was upbeat and positive.
At noon he was to speak to his caucus and members about the filing of the petitions. He had just come from the Court along with Norman George.
Puna and Norman George are to conduct the cases involving the CIP’s seven petitions and along with counsel representing the Demos, met with Justice Weston Friday morning. That meeting said Puna, began at 9am and was informal.
No firm decision was made by the judge as to when the hearings will begin. Justice Weston is yet to consult with the Chief Justice who apparently is out of New Zealand. There is also the matter of the availability of judges.
Puna hopes that by early next week, there will be some indication as to a start date.
Puna said most of the hearings will be held in Rarotonga. However, there may be some travel required to Mauke, Aitutaki and Manihiki. He said all parties are making an effort to minimize travel.
Puna confirmed that the defensive petition filed by Teina Bishop has been withdrawn as no petition was filed against him.
While the CIP have filed seven petitions, Puna said the Democratic Party had filed a defensive petition for Avatiu challenging some votes and alleging bribery. He said parties have the right to respond and file cross petitions.
Puna said all parties have undertaken to work together to have the petitions dealt with as soon as possible.
As to the CIP’s seven petitions, Puna said in relation to Titikaveka, the challenge is a legal one dealing with the validity of Robert Wigmore’s nomination. His nomination it will be argued, was invalid and improper and should have been disqualified. At the time, he was a Crown servant and should have resigned from the board of the Cook Islands Investment Corporation.
As regards Matavera, Puna said they will be challenging the qualification of certain voters and putting an allegation of bribery.
For Akaoa, they will be challenging the result which is a 179 all tie. He said the numbers were not valid. Certain voters were not qualified.
In his seat of Manihiki, they will be alleging treating and bribery.
In Mauke, they will be alleging bribery by government and through the Demo MP.
In the Aitutaki seat of Amuri-Ureia, they will be alleging corrupt practices and bribery.
CABINET
In the Aitutaki seat of Vaipae-Tautu, they will be alleging corrupt practices by the Prime Minister and Cabinet.
Puna could not confirm how many witnesses the CIP would call for their petitions. He said there was still much work to do in the preparation and briefing of witnesses.
He acknowledges the help and assistance provided by the Electoral Office.
PROCESS
In response to a comment in Friday’s CI News by Financial Secretary Kevin Carr that he (Carr) thought all petitions would be heard by the end of October, Puna said the judicial process must be allowed to run its course.
He said Carr should have been aware that following the 2004 general election, parliament was not able to sit until late December due to the petitions filed then.
BLAME
Puna said the public should not blame the CIP for any delays in parliament sitting.
The decision to dissolve parliament back on 24 July, was not made by the CIP but the Demos. Therefore, he said, the Demos must bear the ultimate responsibility for the delays not the judicial system.
Puna said Carr, in his comment in the CI News of Friday, acknowledged money would be available to pay public servants at the beginning of November. But he did not explain where funding would come from after the middle of November.
Puna said the public had a right to know.

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