Patunvanu v Charlie [2004] VUSC 28; Civil Case 152 of 2004 (21 October 2004)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

CIVIL CASE No. 152 of 2004

BETWEEN:

CAPTAIN JENECK PATUNVANU
First Petitioner

AND:

ROCROC CHARLIE
First Respondent

AND:

PRINCIPAL ELECTORAL OFFICER
Second Respondent

AND:

THE ELECTORAL COMMISSION
Third Respondent

Mr. John Malcolm for the Petitioner
Mr. Tom Joe Botleng for the Second and Third Respondents
Mr. Rocroc Charlie, the First Respondent is not present

JUDGMENT

This is an Election Petition. The Petitioner, Captain Jeneck Patunvanu is an unsuccessful candidate of the Constituency of Malekula at the general elections of 6 July 2004. The Petitioner claimed that he had obtained more votes than the First Respondent, Rocroc Charlie who was declared elected as a Member of Parliament of the Constituency of Malekula after the elections of 6 July 2004.

The official declaration by the Second Respondent shows that the Petitioner obtained 520 votes and the First Respondent 548 votes. The Petitioner disputes the declaration arguing that the unofficial results showed that he had 520 votes and the First Respondent obtained 498 votes which represents a margin difference of less than 1%.

Mr. Malcolm on behalf of the Petitioner says that the Petitioner does not dispute the results obtained by the First Respondent Rocroc Charlie in all the polling stations of Malekula Constituency except the polling station of TISMAN.

The Court issues Directions and Orders for the valid and void votes of the Petitioner, Captain Jeneck Patunvanu, and the First Respondent, Charlie Rocroc in the polling station of TISMAN in Malekula Constituency be examined, in accordance with Section 62 of the Representation of the People Act [CAP. 146].

A panel was appointed to do the examination of votes as directed by the Court. The panel has provided its report on 21 October 2004.

The report of the examination of votes of the Petitioner Captain Jeneck Patunvanu and the First Respondent, Charlie Rocroc, shows the following:

Polling Station	Charlie Rocroc		Jeneck Patunvanu
	Valid Votes	Void Votes	Valid Votes	Void Votes
TISMAN	72	0	0	0

The First Respondent, Rocroc Charlie, obtained 72 valid votes and the Petitioner, Jeneck Patunvanu obtained nil (0) valid votes nil (0) void votes.

I accept and endorse the panel’s report. The Election Petition cannot succeed. It is dismissed.

The First Respondent, Rocroc Charlie, whose election is questioned was duly elected on 6 July 2004. The costs are for the Second and Third Respondents. There is no application from the First Respondent.

There is a concern of the type of Election Petition such as the present one. It is clearly a “fishing trip” exercise.

The costs of the Second and Third Respondents are assessed on the indemnity basis.

The examination took about 30 minutes. The costs are for the Second and Third Respondents and they are assessed and determined at Vatu 100,000 against the Petitioner.

The Petitioner is ordered and directed to pay such an amount by the end of November 2004.

Dated at Port-Vila this 21^st day of October 2004

BY THE COURT

Vincent LUNABEK
Chief Justice