FOOLISH JUDGEMENT COSTING STATE MUCH NEEDED MONEY


by LEKEM LAKI

SHORT SIGHTED WITH NO BENEFIT AND COST ANALYSIS LEADING TO FOOLISH JUDGEMENT COSTING STATE MUCH NEEDED MONEY.

I write to express my disgust and disapproval on the controversial judgement by a learned judge who presided over the election petition case between Hon. Don Pomb Polye and Alfred Luke Manase.

The judgement is thought provoking, illogical, unmerited and senseless decision in totality. Compare and contrast the statistics courtesy of electoral commission and do a benefit and cost analysis of the episode of recount. Does it warrant such a judgement?

Not merely the timing factor but the decision that is of no great benefit to the state at the crucial time when the country is rattled with gross mismanagement of country’s economy and proliferation of massive corruption courtesy of ruthless regime of PO. According to Electoral Commissioner Gamato’s testament, he needs three quarter of a million Kina (K850, 000.00) to do the recounting. In those disputed boxes, the total ballot papers contained is only 3,248. The incumbent has polled 23,952 votes whereas runner up managed to collect 11,418. He has performed below mediocrity. Should 3,248 is added to the petitioner’s tally, that won’t alter the final outcome of the winning tally.

When considering all these factors and putting an economic value to the decision, it is a foolish decision. I don’t envisaged the wisdom nor did logic and common-sense prevail in the decision. Such is a weird and stupid judgement lacking merit.

I am tempted to conclude that surely money exchanged hands to arrive at reckless and flawed judgement. Want or for the gain of materialism clouded the mind resulting in impairment judgement costing the state close to a million. Such flawed judgement does not make someone popular but largely reflects inevitably two things, (1) weak judiciary in Papua New Guinea and (2), calibre of personality making the judgement.

The other thing, selection of timing is another. The judgement was procrastinated for prolonged duration and judgement handed down on the eve of next national election. What has gone wrong with the judiciary? On numerous occasions, number of cases with judgments got delayed. One of them is election dispute case Enga regional seat and the other is Kompiam-Ambum seat. These cases spanning into year or two to arrive at the judgement.

Deferment of judgement are not inadvertent but well calculated and intentional playing into the hands of people with financial capital disadvantaging the other party seeking justice and fairness. Guess what, a raw deal is imparted by people who are trusted in position of responsibility, venerated and revered for dispensation of justice and fairness.

It might take considerable time to write up the judgement but am sure wouldn’t take a year or two to hand down the judgement. It would require in a day an hour or two to read the judgement to the parties and that is it……done and dusted. It is up to the aggrieved party to decide on the next appropriate course of action to pursue. However, courtesy of judiciary causing all the woes and aggravating anxieties and resentment.
People aren’t receiving judgement in justice. Justice is for the people in top bracket or upper class if you like. People run to courts seeking justice but otherwise is evident. In the I write to express my disgust and disapproval on the controversial judgement by a learned judge who presided over the election petition case between Hon. Don Pomb Polye and Alfred Luke Manase.
The judgement is thought provoking, illogical, unmerited and senseless decision in totality. Compare and contrast the statistics courtesy of electoral commission and do a benefit and cost analysis of the episode of recount. Does it warrant such a judgement?
Not merely the timing factor but the decision that is of no great benefit to the state at the crucial time when the country is rattled with gross mismanagement of country’s economy and proliferation of massive corruption courtesy of ruthless regime of PO. According to Electoral Commissioner Gamato’s testament, he needs three quarter of a million Kina (K850, 000.00) to do the recounting. In those disputed boxes, the total ballot papers contained is only 3,248. The incumbent has polled 23,952 votes whereas runner up managed to collect 11,418. He has performed below mediocrity. Should 3,248 is added to the petitioner’s tally, that won’t alter the final outcome of the winning tally.
When considering all these factors and putting an economic value to the decision, it is a foolish decision. I don’t envisaged the wisdom nor did logic and common-sense prevail in the decision. Such is a weird and stupid judgement lacking merit.
I am tempted to conclude that surely money exchanged hands to arrive at reckless and flawed judgement. Want or for the gain of materialism clouded the mind resulting in impairment judgement costing the state close to a million. Such flawed judgement does not make someone popular but largely reflects inevitably two things, (1) weak judiciary in Papua New Guinea and (2), calibre of personality making the judgement.
The other thing, selection of timing is another. The judgement was procrastinated for prolonged duration and judgement handed down on the eve of next national election. What has gone wrong with the judiciary? On numerous occasions, number of cases with judgements got delayed. One of them is election dispute case between Sande Talit and Peter Ipatas and the other is between Lucas Neah and John Pundari. These cases spanning into year or two to arrive at the judgement.
Deferment of judgements are not inadvertent but well calculated and intentional playing into the hands of people with financial capital disadvantaging the other party seeking justice and fairness. Guess what, a raw deal is imparted by people who are trusted in position of responsibility, venerated and revered for dispensation of justice and fairness.
It might take considerable time to write up the judgement but am sure wouldn’t take a year or two to hand down the judgement. It would require in a day an hour or two to read the judgement to the parties and that is it……done and dusted. It is up to the aggrieved party to decide on the next appropriate course of action to pursue. However, courtesy of judiciary causing all the woes and aggravating anxieties and resentment.

People aren’t receiving judgement in justice. Justice is for the people in top bracket or upper class if you like. People run to courts seeking justice but otherwise is evident. In the yesteryear's Courts maintained impartiality in dispensation of justice is something in none existence in this post-modern era.

Sad day dawned in PNG.