Cassey carries on
By Charles Pitt,
Political Editor

The full significance of Justice Tom Weston’s ruling on Tuesday in regard to declaratory votes was rammed home on Friday.
This was when the Cook Islands Party (CIP) was left with little choice but to abandon its petition against the Democratic Party’s Cassey Eggelton. Eggelton finished a few votes ahead of CIP’s Kiriau Turepu in the general election on 26 September.
Just after 9.35am, counsel for the Cook Islands Party, its leader Henry Puna, rose to his feet and to Justice Weston, said “Are you ready for me?” At that moment, Sam Hood Eggelton’s counsel, rushed into the court room, a little late.
Eggelton was not in court for the brief morning session.
Puna referred to the ruling handed down on Tuesday. He said he had written to Sam Hood two days ago and conceded he would not proceed with the eligibility matters in the Matavera petition. As to the bribery issues, he said they were to be withdrawn.
The matter of costs had not been discussed with Hood said Puna. After Justice Weston conferred with both Hood and Puna and it was decided to adjourn until 2pm to hear submissions as to costs.
CROWD
When the court resumed at 2pm, a sizeable crowd had gathered in the public gallery. Eggelton was present along with many of her supporters.
Puna rose to submit that as he had already withdrawn the petition, only costs remained to be considered.
Justice Weston remarked he may have misunderstood earlier proceedings thinking Eggelton should be present to witness the formal withdrawal of the petition. In any case, Justice Weston announced he would formally withdraw the petition so the cross petition falls away.
He then heard submissions for costs from counsel present, Puna, Hood and Crown Solicitor Elikana for the Chief Electoral Officer.
ITEMISED
Hood itemised his submission for costs, seeking a total of $6,724 in costs and Elikana sought $1,000 in costs on behalf of John McFadzien, who acted for the Chief Electoral Officer.
Puna, in mitigation said he acted as soon as he could to withdraw the eligibility cases.
The bribery issues involved just two people.
Justice Weston accepted Puna acted responsibly and said he was entitled to a credit for that. He said the court should encourage petitioners to recognise the desirability to bring proceedings to and end quickly.
Justice Weston awarded $80 for office expenses, $2,000 to the first respondent and $500 each to the second, third and fourth respondents. The balance to be returned to the petitioner.

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