Attorney General

In a press conference on Monday 25 July, Dr Kwa said, “Those who are not happy with the results please the law is there for you. Nogat man i passim law lo you. You can still take your disputes to the court of disputed returns.”

Dr Kwa acknowledged that there will be a lot of frustrations expressed by those running in the elections, however, there can only be one winner.

The Attorney General also encouraged citizens who are supporters of candidates to not take the law into their own hands.

With the Vote of No Confidence motion filed by Opposition on May 7, the Attorney General, Alfred Manase, filed an application to ask the court to stay the VoNC motion from progressing.

“Yesterday I filed an urgent application in the Supreme Court, seeking an order to stay the Parliament and its Committee (PBC) from entertaining or dealing with the notice of motion of no confidence until the Supreme Court makes a final determination of the Supreme Court reference, which was lodged by my predecessor on the 3^rd of December, 2018.”

Twivey Lawyers, acting for the Attorney General, Steven Davis, filed the Special Reference on December 3, 2018.

The special reference seeks the Court’s interpretation whether the nominated Prime Minister must be from a party with most numbers and whether the vote of no confidence is justiciable with the process and procedures of Parliament and its committees.

This came about from a Supreme Court reference of November 2015 by then Opposition leader Don Polye and the Supreme Court ruling of July 2016.

Sessions acted after it emerged that he had failed at his Senate confirmation hearing to disclose two pre-election meetings with Russia's ambassador to Washington, at a time when Moscow was accused of interfering in the presidential race.

"I have decided to recuse myself from any existing or future investigations of any matters related in any way to the campaigns for President of the United States," Sessions told reporters.

The Speaker of Parliament, the Attorney General, Electoral Commission and chairman of the Constitutional Law and Reforms Commission, are to be served the reference by February 16.

The Commission must serve the reference on the four parties, including an application seeking interim orders. If these parties are interested in the reference, they are to file responding statements by February 21.

Chief Justice Sir Salamo Injia issued the directions to Ombudsman Commission’s counsel Dr Vergil Narokobi today.

This is the special reference that was referred to the Supreme Court by Justice Catherine Davani on Jan 28, 2015 over certain constitutional questions surrounding the alleged improper borrowing of K3 billion loan from the Union Bank of Switzerland AG by the Government.

A total of 11 questions were referred to the Supreme Court for interpretation.

This is while they are acting in their capacity as police officers.

A three-man Supreme Court bench handed down its decision today after lawyers representing the Prime Minster, the state, and Police Commissioner raised an objection on whether Matthew Damaru and Timothy Gitua are able to engage lawyers to act for them in the case without the approval of the Attorney General.

This is case SCA 7/2016. It is an appeal that originates from OS JR 485 of 2014, the judicial review into the PM’s arrest warrant issue.  

The application sought by Pala was to stay two proceeding filed in the Supreme Court and one in the National Court.

Counsel representing Pala from Manase lawyers, David Levi, moved the application before Justices Derek Hartshorn, Don Sawong, Collin Makail, Terrence Higgins and Stephen Kassman.

The three cases that he asked the court to stay was SCA 87/2015, the appeal before the Supreme Court by Finance Minister James Marape that arose from the Paul Paraka bills and cost taxation case.

Pala and his lawyers briefly appeared at the Waigani Committal Court this morning.

Ralph Saulep who is acting for Pala told Magistrate John Kaumi,  police investigation files were served to them on Feb 4.

They will now require a month to peruse the files in preparation for submissions before the court when the matter returns.

Pala's case has been adjourned to March 30, where both Saulep and the police prosecution team are expected to present their submissions in court.