Counsels acting for Prime Minister Peter O’Neill and Police Commissioner Gari Baki have gone before the Supreme Court challenging their referral to the Lawyers Statutory Committee for disciplinary action.
The referral of Tiffany Twivey and Sam Bonner was made by Justice Nicholas Kirriwom on August 28 before the open Court while presiding as a single Supreme Court Judge.
In Justice Kirriwom’s ruling then, he said Twivey and Bonner “could be guilty of collusion in perverting the course of justice where they filed applications in the District Court and signed consent judgment setting aside the warrant of arrest of Dairi Vele without notifying Detective Chief Inspector Gitua who was the complaint.”
Today the lawyers returned before a three-man Supreme Court bench and moved an application challenging their referral.
Briefed out counsel acting for the Prime Minister Mal Varitimos said Justice Kirriwom had misunderstood the facts that led to the referral.
He said proceeding SCM no. 87 of 2014 was not related to Dairi Vele’s warrant of arrest proceeding at the District Court.
Varitimos said the referral ‘blackens’ the reputation of Twivey through the publication of the referral in the open court and even through media publications.
He said a requirement of natural justice is to give the lawyers an opportunity to respond.
Counsel for Matthew Damaru and Timothy Gitua Greg Egan in response said the hearing of the two lawyers conduct should be heard before the Lawyers Statutory Committee and not the Supreme Court.
A ruling will be made on the application at a later date.