Section 92

Every application under section 90 is to be heard by the Chief Justice or by a Supreme Court Judge nominated by the Chief Justice for the purpose.

The Chief Justice or the Judge so nominated is called in this Act the Election Judge.

Witnesses are to be subpoenaed and sworn in the same manner as nearly as circumstances admit as in a trial by the General Division of the High Court in the exercise of its original civil jurisdiction and are subject to the same penalties for the giving of false evidence.

On the hearing of an application under section 90, the Election Judge may, by order under his or her hand, compel the attendance of any person as a witness who appears to the Election Judge to have been concerned in the election to which the application refers.

Any person who wilfully refuses to obey the order of the Election Judge under subsection (4) shall be guilty of contempt of court under section 4(1) of the Administration of Justice (Protection) Act 2016.

The Election Judge may examine any witness so compelled to attend or any person in court, although the witness is not called and examined by any party to the application.

After the examination of a witness by the Election Judge, the witness may be cross-examined by or on behalf of the applicant and the respondent, or either of them.

The Election Judge is to be attended on the hearing of an application under section 90 in the same manner as if the Election Judge were a Judge sitting in the General Division of the High Court.

Unless otherwise ordered by the Chief Justice, all interlocutory matters in connection with an application under section 90 may be dealt with and decided by any Judge sitting in the General Division of the High Court.