The petition was filed against Mr Hanaria by three former losing candidates of the August 2010 National General elections namely; Aliki Toki’i Ha’apio, Abraham Namokari and Michael Ahikau.
In the August 2010 national general elections, Mr Ha’apio came second to Mr Hanaria, polling a total of 947 votes, Namokari came in fourth highest number of votes-polling at a total of 792 votes whilst Ahikau polled 628 votes.
Justice Chetwynd ruled that Mr Hanaria had used illegal corrupt ways in order to obtain votes from Constituents.
“The main thrust of the petition is that Mr Hanaria by himself or his campaign managers, agents, supporters and families committed acts of bribery or corrupt or illegal practices by making payments in cash, by giving material goods and by making promises of materials goods or cash in contravention to sections 66 and 71of the provisions of the National Parliament Provisions Act.”
Mr Hanaria was found to have bribed voters from his constituency through cash, handing out material goods and made promises during his campaigns before and the elections.
The judgment added the petitioners limited their allegations only to acts of bribery rather then treating.
“There is no suggestion in the detail of the acts complained of, of undue influence which briefly is defined as the use of or the threat to use, violence or restraint to induce or compel voting behavior,” Justice Chetwynd said.
The judgment stated out that Mr Hanaria had committed acts of bribery or corrupt or illegal practices in obtaining votes, resulting in him winning the East Are’are Parliament seat, however with the petition filed against him successful, Mr Hanaria automatically looses his seat and eligibility as Member of Parliament for the Constituency.
“In accordance with section 82 of the Act, I certify to His Excellency the Governor General the election of Andrew Hanaria as Member of Parliament for the Constituency of East Are’are was not valid.
“Therefore Andrew Hanaria Keniasina is not entitled to remain a Member of Parliament,” Justice Chetwynd said.
By JEREMY INIFIRI
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