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Vinbel v Asang [2022] VUSC 229; Election Petition 3049 of 2022 (5 December 2022)

IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Civil Jurisdiction)
Election Petition Case
Case No. 22/3049

IN THE MATTER OF NATIONAL ELECTION FOR PARLIAMENT FOR MALEKULA CONSTITUENCY
BETWEEN:
Fabian Gary Hanbabat Vinbel and Gregoire Nimbtik
Petitioners
AND:
Sanik Asang
First Respondent
AND:
Principal Electoral Officer
Second Respondent
AND:
Electoral Commission
Third Respondent
AND:
Commissioner of Police
Fourth Respondent
Date of HEARING of Application for Judge to Recuse:

Date of Judgment:
5th December 2022

5th December 2022

Before:
Justice Oliver.A.Saksak

In Attendance:
Mr Daniel Yawha for the Petitioners/ Respondents
Mr Sakiusa Kalsakau and Mrs Meresimani Bakeo for First Respondent/ Applicant
Mr Frederick Gilu and Freddie Bong for Second, Third & Fourth Defendants

DECISION


  1. The urgent application of the First Respondent for recusal is declined and dismissed
  2. There are 2 grounds of the application:
    1. That the Judge had pre-determined the First Respondent’s state of mind as being deceitful without the benefit of trial, and
    2. That by concluding that because the First Respondent had “deceived” the Electoral Commission his candidature had affected the result of the election.
  3. The Decision published on 18th November 2022 records the findings of the Court following the First Respondent’s strike out application that the Petitioners did not have evidence to support their petition.
  4. Paragraph 3 of the Decision records the Court was satisfied there is sufficient evidence.
  5. There is nothing recorded in the Decision to show that the Judge had pre-determined the state of mind of the First Respondent. Despite what may have been said on the Bench which led the First Respondent and his witness to have their perceptions, they too could not tell what was in the mind of the Judge at the time.
  6. The two grounds raised fail and the application also fails and is dismissed.

DATED at Port Vila this 5th day of December 2022

BY THE COURT


OLIVER.A.SAKSAK

Judge

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