Arrest Warrant

The urgent application was moved just before 4pm today.

Niuage Lawyers, representing O’Neill, asked the court for a temporary stay order until the court hears all parties on the leave application for judicial review.

The National Court granted the stay application just after 5pm today.

The stay is effective till Monday, Oct 21, at 9:30 am when the matter returns to court.

A warrant of arrest was issued by the Waigani District Court last Friday.

The application was filed on 16 March by Twivey lawyers, who represent Prime Minister Peter O’Neill.

It stems from the contempt motions the PM filed against five members of the Opposition; Kerenga Kua, Patrick Pruaitch, Sir Mekere Morauta, Bryan Kramer and Belden Namah.

Namah is said to have been evading personal serve of the contempt motion that the Prime Minister filed against him.

It is a requirement to effect personal service on alleged contemnors. Substitute service in the daily newspapers is also available in events personal service cannot be effected.  

A three-man Supreme Court bench today unanimously found the warrant defective and the District Court's decision to issue it as well.

The court found that lack of care was applied by the District Court in issuing the warrant.

There was no information put on the form to get a warrant. The date on which the information was laid was blank. Even the word 'Independent' was spelt wrong on the form.

The court further found that the wrong form was used in applying for the warrant.

The warrant was issued by the District Court on 12 June, 2014.

Lawyers for the Prime Minister and Police Commissioner presented arguments in court before a bench comprising of Justices Joseph Yagi, Terrence Higgins and Harold Terrence Foulds.

The joint appeals filed by O'Neill and Police Commissioner Gari Baki, against the decision of the National Court, went before the Supreme Court for hearing.

The hearing follows the stay that was granted by the Supreme Court on August 10 restraining police from carrying out the arrest.

The two seperate appeals were joined after parties in the case agreed, that they had similar grounds, as both appeals arise from the same National Court decision, which dismissed the review case, challenging the legality of the arrest warrant that was taken out against the Prime Minister in June 2014.

Chief Justice Sir Salamo Injia granted the stay order this afternoon.

This means the arrest warrant that was issued by the Waigani District Court, on 12 June 2014, cannot be effected by police on the Prime Minister until the court determines the appeal.

PM O’Neill’s lawyers filed the appeal in the Supreme Court yesterday to challenge the decision of the National Court, which dismissed the judicial review former Police Commissioner Geoffrey Vaki filed in 2014.

Baki to invite PM in for questioning

The police commissioner is set on inviting Prime Minister Peter O’Neill in for questioning.

http://www.looppng.com/png-news/baki-invite-pm-questioning-64614

Baki urged to enforce warrant

Vanimo-Green MP Belden Namah has called on Police Commissioner, Gari Baki, to enforce the warrant of arrest on Prime Minister Peter O’Neill.

Lawyers representing Prime Minister Peter O’Neill filed an urgent application yesterday morning, to ask the Supreme Court to stay the dismissal of the National Court review, pending the appeal.

They went before Chief Justice Sir Salamo Injia this morning after directions were issued yesterday for court documents to be served on the Solicitor General and the state, including the Chief Magistrate.

 Magistrate Mekeo Gauli issued the warrants of arrest for defendants Peter Thomas and Junior Temon which will be returnable for review on March 3.

One of the defendants, 20-year-old Peter Thomas, has not appeared in court since last Wednesday (Jan 11). The matter was stood over three times by the court.

The Gumini man from Chimbu Province was arrested on Dec 27, 2016 and charged with causing grevious bodily harm to the victim (named) on Dec 24,2016.

Magistrate Mekeo Gauli issued the warrant for Gore on Thursday after he failed to appear in court on four different occasions since he was allowed on bail.

Gore has not been back to court since he first appeared in court on Nov 29, 2016 where his charge was read and explained to him.  

He was arrested and charged last year with unlawful indecent touching and allowed bail at K300.

His bail was forfeited on Thursday after police prosecution asked the court to issue a warrant for his arrest.

The warrant is returnable for review on Feb 7.