NEITHER the Electoral Act nor the court rules require affidavits to be filed with an electoral petition, the Court of Disputed Returns heard yesterday.
Lawyer Jon Apted, representing SODELPA leader Sitiveni Rabuka and National Federation Party leader Biman Prasad alongside lawyers Filimoni Vosarogo and Simione Valenitabua, said the petitioners would be seeking directions about witnesses.
Mr Apted said the Electoral Act only referred to the oral evidence of witnesses at the hearing.
He said the petition referred to affidavit evidence subject to the directions of the court. Solicitor-General Sharvada Sharma, who is appearing on behalf of the Supervisor of Elections, said it was the petitioners who must get the evidence of this as the burden of proof was on them.
