An interim injunction was issued by the Supreme Court restraining Heads of National Fraud and Anti-Corruption directorate Matthew Damaru and his assistant Timothy Gitua engaging Jema lawyers, Greg Egan or any other law firms to represent them.
This was the decision this afternoon of a three man Supreme Court bench consisting of Justices Derek Hartshorn, Collin Makail and Don Sawong after Briefed out counsel acting for the Royal PNG Constabulary; Ian Molloy made an application on Nov 17, 2015 before the court.
The application was to review the decision of Single Supreme Court Judge Justice Nicholas Kiriwom as to whether approval of the Attorney General was required by Damaru and Gitua concerning their legal representation.
Molloy submitted then in Nov last year that Damaru and Gitua who are the sixth and seventh respondents in SCA 87 of 2014 (which is the Paraka bills and taxation cost case) should have applied to the Attorney General to get authority to engage private legal representation.
Greg Egan, the briefed out Counsel acting for Damaru and Gitua told the court that the Supreme Court last August allowed the two offices to be part of the proceedings and that it was their right to engage who they want to represent them.
However Justice Hartshorn in reading the ruling today said it was the view of the court that Damaru and Gitua joined the proceeding as Police officers and in the course of their employment by the state they are required to obtain approval from the Attorney General to engage lawyers to act on their behalf.
The Supreme Court ordered that they make an application within 14 days to the Attorney General to their engagement of Jema Lawyers or any other law firms to have carriage of the proceeding on their behalf.
The court also ordered for the Attorney General to reply in writing within 14 days of being served to any application by Damarua dn Gitua for legal representation.
Cost of the proceeding was also given to the Cops to pay.
(Above is a file picture of Greg Egan and McRonald Nale of Jema Lawyers. )