Vosarogo withdraws Rabuka and Prasad’s election petition

The elections petition filed by SODELPA Leader Sitiveni Rabuka and National Federation Party Leader Professor Biman Prasad has been withdrawn by their lawyer, Filimoni Vosarogo which means that the case is over.

Vosarogo said to the two judges of the Court of Disputed Returns, Justice Kamal Kumar and Justice Anjala Wati that his clients have instructed him to seek leave from the court to withdraw the petition.

Devanesh Sharma who is representing the FijiFirst, and Solicitor General Sharvada Sharma who is representing the Supervisor of Elections, have agreed to Vosarogo’s application to seek leave from the court to withdraw the petition.

Lawyer for the FijiFirst parliamentarians Devanesh Sharma

The judges have allowed the withdrawal of the election petition.

Cost of $7,500 has been granted to the 27 FijiFirst parliamentarians and Faiyaz Koya while $7,000 in costs has been granted to the Supervisor of Elections.

Earlier yesterday, Justice Anjala Wati and Justice Kamal Kumar had ruled that two witnesses can give oral evidence in the case.

Justice Kumar said that they will allow Asivorosi Rabuka and Emele Duituturaga to give oral evidence in the petitioners’ case.

The other witnesses were refused as what they have claimed is clear in the elections petition.

SODELPA's Rabuka and Prasad’s lawyer, Filimoni Vosarogo

Filimoni Vosarogo had earlier told the court that he wants to call eight witnesses. His list of witnesses was Sitiveni Rabuka, Seni Nabou, Subrail Narayan, Kamal Iyer, Adi Litia Qionibaravi, Emele Duituturaga, Merewalesi Vitukawalu and Asivorosi Rabuka.

Vosarogo said that they were looking at calling oral evidence and his timeframe for questioning these people was three days.

Vosarogo then said that he will take instructions from his clients as to which direction they will take as only two witnesses were allowed to give oral evidence.

He then returned to court and said that they were withdrawing the elections petition.

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Judges approve of two witnesses to give oral evidence in the election petition case

The judges of the Court of Disputed Returns, Justice Anjala Wati and Justice Kamal Kumar have ruled in the elections petition case filed by SODELPA Leader Sitiveni Rabuka and National Federation Party Leader Professor Biman Prasad, that two witnesses can give oral evidence in the case.

Justice Kumar said that they will allow Asivorosi Rabuka and Emele Duituturaga to give oral evidence in the petitioners’ case.

The other witnesses have been refused as what they have claimed is clear in the elections petition.

Rabuka and Prasad’s lawyer, Filimoni Vosarogo had earlier told the court that he wants to call eight witnesses. His list of witnesses was Sitiveni Rabuka, Seni Nabou, Subrail Narayan, Kamal Iyer, Adi Litia Qionibaravi, Emele Duituturaga, Merewalesi Vitukawalu and Asivorosi Rabuka.

Vosarogo said that they were looking at calling oral evidence and his timeframe for questioning these people was three days.

Vosarogo now says that he will take instructions from his clients as to which direction they will be taking as only two witnesses have been allowed to give oral evidence.

They will come back this hour to tell the court on what direction the petitioners will take.

The petition deals with issues arising out of the conduct, count and tallying of results in the 2018 general election.

In a joint statement, Rabuka and Prasad have said that the matters raised in the petition include claims of unlawful conduct by election candidates under the Electoral Act and alleged breaches by the Supervisor of Elections of his duties under the Electoral Act.

Earlier Today:

Judges to rule at 2.30pm today on whether oral evidence should be allowed in election petition case 

The judges of the Court of Disputed Returns Justice Anjala Wati and Justice Kamal Kumar will rule at 2.30pm today on whether the lawyers in the elections petition case filed by SODELPA Leader Sitiveni Rabuka and National Federation Party Leader Professor Biman Prasad, can call eight witnesses for oral evidence.

Rabuka and Prasad’s lawyer, Filimoni Vosarogo told the court this morning that he wants to call eight witnesses.

SODELPA's Adi Litia Qionibaravi and NFP's Seni Nabou

His list of witnesses is Sitiveni Rabuka, Seni Nabou, Subrail Narayan, Kamal Iyer, Adi Litia Qionibaravi, Emele Duituturaga, Merewalesi Vitukawalu and Asivorosi Rabuka.

Vosarogo said that they are looking at calling oral evidence and his timeframe for questioning these people is three days.

Lawyer for the FijiFirst parliamentarians Devanesh Sharma said that they oppose oral evidence.

Devanesh Sharma said the petition is from two people - Rabuka and Prasad.

He then asked why are other candidates jumping on the band wagon and why they did not file their petition if they felt they were aggrieved.

Sharma said that they have answered the particulars in the petition and if this is allowed, then they will be caught in an ambush.

He also said that neither Rabuka nor Biman Prasad have been eyewitnesses to any allegations.

Justice Kamal Kumar then said that Devanesh Sharma must understand that they are not in the High Court but in the Court of Disputed Returns.

He said that this court has to work differently than the High Court.

Justice Kumar said that if the court feels evidence is required, it will only be in particulars to the petition.

Solicitor General Sharvada Sharma who is representing the Supervisor of Elections, said that there is eleven days to decide on three petitions, not one.

Solicitor General Sharvada Sharma

Sharvada Sharma said that the Supervisor of Elections has gone to some length to provide the response to the affidavits. He also  opposed any application for oral evidence.

Sharma said that they must rely on the affidavits that have already been filed, and no new evidence should be allowed.

The Solicitor General said that they should now proceed to the hearing of the matter.

Electoral Commission lawyer Nilesh Prasad objected to the application for oral evidence.

He said that if the floodgates are opened in this case, the other two petition cases will also want to bring in oral evidence.

Vosarogo said that the petition contains particulars and it is sufficient enough for the respondents to understand the allegations. He also said that the oral evidence will support the petition. 

All the FijiFirst parliamentarians including Prime Minister Voreqe Bainimarama were in court today.

Prime Minister Voreqe Bainimarama in court today

Rabuka and other opposition parliamentarians were also in court.

The petition deals with issues arising out of the conduct, count and tallying of results in the 2018 General Election.

In a joint statement, Rabuka and Prasad have said that the matters raised in the petition include claims of unlawful conduct by election candidates under the Electoral Act and alleged breaches by the Supervisor of Elections of his duties under the Electoral Act.