Court allows petitioners to call two witnesses
December 20, 2018 3:50 pm
The Court of Disputed Returns has allowed only two witnesses out of the eight proposed by the petitioners who are challenging the results of the 2018 Election.
High court Judge Anjala Wati and Justice Kamal Kumar ruled that SODELPA and NFP who are the petitioners in this case will be able to call Amele Duituturaga and Asivorosi Rabuka.
The counsel for the petitioners had indicated in court earlier this morning the intend to call eight witnesses including Sitiveni Rabuka, Rosy Lagi, Seini Nabou, Subrail Narayan, Kamal Iyer, Adi Litia Qionibaravi, Amele Duituturaga and Asivorosi Rabuka.
The election petition was filed earlier this month regarding issues arising out of the conduct, count and tallying of results in the election
Some of the matters raised include claims of unlawful conduct by election candidates under the Electoral Act.
There are also alleged breaches by the Supervisor of Elections of his duties under the Electoral Act.
Justice Kumar highlighted the reasons for not allowing the other six witnesses to give oral evidence.
The Judge said in relation to the certain allegations mentioned in the petition, the facts has been admitted by the respondents and there is no need for them to be called.
The Judge also said in relation to Rosy Lagi her evidence would be prejudice towards the defendants and refused for her to be called to give evidence and that she was not a co-petitioner.
For Subrail Narayan and Kamal Iyer, Justice Kumar said when the two were campaign administrator and candidate respectively and are not independent witnesses.
The court allowed Asivorosi and Duituturaga to be called as witnesses as the allegation by the petitioners and the answers given by the respondents are not same and on this basis they will be called as witnesses.
Meanwhile, Justice Wati refused the application of Satish Kumar’s lawyer and Jone Dakuvula saying they witnesses are irrelevant to the case.
The matter has been stood down till 4pm to allow Filimoni Vosarogo to take further instruction from his client now as they will not be able to call six witnesses.