Court refuses to hear slip rule application

The Supreme Court refused leave to Prime Minister Peter O’Neill this afternoon to hear the Slip Rule he filed last month.

The Slip Rule application was filed on grounds that the three-man Supreme Court bench erred in their decision to dismiss Finance Minister James Marape’s appeal and that the reasons for dismissal were not based on submissions before it.

It was also filed on the ground the rights of natural justice was not offered to the appellant (Marape) and the first respondent (O’Neill).

Justices Derek Hartshorn, Collin Makail and Don Sawong said they were satisfied they gave the opportunity to Marape and the Prime Minister to present their case.

The court ruled that the ‘harassment prevention’ order of Oct 23, 2014, is an ‘interim injunctive relief’ and is not a substantive relief or ‘perpetual order’ to protect the ‘private rights’ of the parties (Prime Minister and James Marape) until the other matters in the proceeding SCRA 87 of 2014 are dealt with.

He said the interim injunctive relief order from Oct 23, 2014, was dismissed on April 5 when the appeal was dismissed.

Justice Hartshorn, in reading the ruling, said the court was not satisfied the slip rule application had a strong prospect of success if leave was allowed thus refused leave for the Prime Minister to move the Slip Rule.

This means that O’Neill’s attempt to get the same court to revisit its decision has failed as there is no substantial ground that the Slip Rule application would succeed.

Author: 
Sally Pokiton