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Terry v Andy [2022] VUSC 211; Election Petition Case 10 of 2022 (2 December 2022)

IN THE SUPREME COURT OF Election Petition

THE REPUBLIC OF VANUATU Case No. 22/10 SC/ELTP

(Civil Jurisdiction)

Date of First Hearing: 2 December 2022

Before: Justice V.M. Trief

In Attendance: Petitioner – Mr R. Tevi

First Respondent – Ms J. Kaukare

Second Respondent – Ms J.E. Toa

MINUTE & ORDERS

1. Ms Toa stated that the Second Respondent would abide the Order of the Court.
   
2. Having considered the Election Petition filed on 11 November 2022 and having heard counsel Mr Tevi and Ms Kaukare, I put the following to Mr Tevi:
   
   1. The only ground of the Petition is bribery;
   2. The effect of the 2012 amendments to the Act, as set out in the judgment in Kalsakau v Principal Electoral Officer [2013] VUSC 99 including at [82], was to remove bribery as a ground for electoral petitions;
   100. Bribery is a criminal offence therefore must be pursued via the criminal justice process; and
   4. I was therefore leaning toward the view that I could not be satisfied that there is a foundation for the petition.
      
3. I then adjourned the matter to 2.15pm this afternoon so that Mr Tevi could consider the matters put to him and to take instructions.
   
4. When we resumed the hearing at 3pm, Mr Tevi stated that he had considered the amendments, the Kalsakau judgment and obtained instructions. He was instructed that in light of the Kalsakau judgment, it is conceded that bribery, the only ground in the Petition, must be pursued via the criminal justice process therefore his instructions were to withdraw the petition.
   
5. In the circumstances, I am not satisfied that there is a foundation for the petition and must strike out the petition: rule 2.6(3) of the Election Petitions Rules.
   
6. The petition is struck out.
   

DATED at Port Vila this 2^nd day of December 2022

BY THE COURT

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Justice V.M. Trief