Judicial review of ITFS disbanding dismissed

The Waigani National Court has dismissed a review filed by Sam Koim as Chairman of the Investigation Task Force Sweep team over its disbanding in 2014.

This was because the subject of the proceeding was not “reviewable”.

The main issue the court was asked to review was the process used by the National Executive Council in its two decision dated June 18th  and June 24, of 2014, to abolish the Investigation Task Force Sweep team and establish the new anti-corruption investigation body; Independent Commission Against Corruption (ICAC).

A trial was conducted on the issue and Justice Collin Makail, on Friday afternoon, delivered his decision.

Justice Makail found that both decisions the court was asked to review were policy decisions which are not “reviewable” in a judicial review proceeding. This is because the Courts would be seen as encroaching into the domain of the National Executive Council.

On the grounds that the NEC breached natural justice and procedural fairness in abolishing the Task Force Sweep, Justice Makail said those do not apply in NEC policy decisions.

He said even though the issues raised are of public interest and national importance, other remedies available to Koim and the Task Force Sweep  are through the National General Elections, when people vote MPs who make up the NEC and through the Vote of no Confidence against a Prime Minister.

While the court was made known of the events leading up to the disbanding of the Task Force Sweep, following its investigation on Prime Minister Peter O’Neill on allegations of official corruption, Justice Makail said there was no evidence before the court to show such and he was not satisfied the decision to disband the ITFS was made in bad faith.

The issue of Koim’s standing in bringing the proceeding as the Chairman of the ITFS, after his contract had expired as the principal legal officer of the Solicitor General’s office, was also brought to the court’s attention. The court found he did not have standing to commence the proceeding.

The ITFS team did not have legislative grounds to exist other than a policy.

Justice Makail dismissed the judicial review and also discharged the stay orders issued in July 2014 against the disbanding of the ITFS team, which also stayed the establishment of ICAC.

A motion filed by Prime Minister Peter O’Neill, seeking contempt charges against Koim, on March 2, 2016, is still on foot and will return to court later for a hearing date to be fixed.

(Loop file picture of ITFS chairman Sam Koim) 

Author: 
Sally Pokiton