He moved the application before magistrate John Kaumi, who adjourned the matter to May 26 where he will make a ruling. The adjournment was also done to give time to police prosecution to make a response in writing before the court.
The court was also told that the directions from the public prosecutor to prosecute the case came after the arrest of Sir Bernard on April 11.
A warrant of arrest was obtained from the Waigani District Court on April 7. It was executed on April 11 and Sir Bernard appeared before the Committal Court on April 12 after he was allowed bail at K1000.
Sir Bernard was arrested and charged for judicial corruption, under section 119 of the criminal code, on April 7 from allegations that arose from a commercial transaction between his honor and a law firm in Port Moresby.
The charge against Sir Bernard alleges that on Sept 22, 2009 in Port Moresby, being a judge of the National and Supreme Court, he corruptly received from Paul Paraka, through PKP Nominees Ltd, a sum of K100,000 on account of him having in his judicial capacity to stay the operations of the Commission of Inquiry into the Department of Finance.
Sir Bernard denied this charge. He said through his lawyer that what transpired from the payment of K100,000 to Sir Bernard was a commercial transaction after his honor put out a public notice for the sale of a vehicle, a Ford Everest Station wagon registration no. BCA-531.
(File picture of Sir Bernard last week.)