Worwor Channel v Brownny [2008] VUSC 75; Election Petition Case 03 of 2008 (5 November 2008)

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

ELECTION PETITION CASE No.03 OF 2008

IN THE MATTER OF:

THE REPRESENTATION OF THE PEOPLE ACT [CAP.146]

BETWEEN:

PIERRE WORWOR CHANNEL
Petitioner

AND:

DONNA BROWNNY
First Respondent

AND:

THE ELECTORAL COMMISSION
Second Respondent

Mr George Boar for the Petitioner
Mr Nigel Morrison for the First Respondent
Mr Frederick Gilu for the Third Respondent – Electoral Commission

JUDGMENT

This is an Election Petition filed pursuant to Section 62 of the Representation of the People’s Act. The Petitioner claims that he has a majority of lawful votes in the Election of 2 September 2008. The official results of the elections of 2 September 2008 show that the Petitioner obtained 478 valid votes and the First Respondent 480. On 26 October 2008 the Supreme Court orders examination for the counted and void votes and the counting of votes for the Constituency of Malekula.

An Examination Committee has been appointed with a provision to provide a report to the Supreme Court on the result of the examination.

A report of the result of the examination dated 25 October 2008 was provided to the Supreme Court. The report shows the findings of the Examination Committee. The Petitioner after recount obtains 478 valid votes. The First Respondent obtains 480 valid votes.

The Court accepts the findings of the Examination Committee.

The test is that if the number of miscounted votes exceeds the plurality of votes cast, the election cannot stand.The First Respondent obtains a majority of the lawful votes.

The Petition fails.

The declaration and orders sought in the Petition are denied.

The First and Second Respondents are entitled to costs assessed and determined as follows:

- 70,000 VT for the First Respondent
- 40,000 VT for the Second Respondent

To be paid within 30 days by the Petitioner. The deposit fees of VT20,000 will be used for the payment of the costs.

DATED at Port-Vila this 5th day of November 2008

BY THE COURT

Vincent LUNABEK
Chief Justice