Election Petition: Petitioner ordered to file witness statement by today
The seven-member panel said failure to file the witness statements would compel the Court to invoke sanctions of Rule 69 of CI 16, which had been amended by CI 99.
Under Rule 69, the Court has the power to dismiss the petition or impose punitive cost against the Petitioner.
The Court said because the Petitioner’s lawyers had not complied with the orders of the Court by filing their witness statements and legal objections, it was not ready to listen to any application filed by them.
According to the Supreme Court, “we don’t appreciate a party to seek further audience if it had not complied with the orders,” and that, “Case Management Conference (CMC) should not be compromised.”
The Court said all the parties except the Petitioner, had filed the witness statements.
When sitting resumed, Mr Tony Lithur, Counsel for the Petitioner, informed the Court that they had filed a review application and others but had not been able to file their witness statements.
According to Mr Lithur, the decision of the Supreme Court on the review application would help them prepare their witness statements.
The Court has adjourned the matter to Thursday, January 28, 2021.