Belden Namah

Namah dismissal recommendation stayed

This follows the grant of leave today for Namah's lawyers to file judicial review in the National Court.

Justice Oagile Bethuel Key Dinake granted leave to Namah to apply for Judicial Review against the decision of the Leadership Tribunal that was delivered on April 9.

The court will review the decision of the Leadership Tribunal, in particular, the tribunal's failure to give Namah an opportunity to address the tribunal on penalties after he was found guilty of nine counts of misconduct in office.

Court wants full transcripts of Namah’s tribunal

This is the judicial review case which Namah filed seeking leave of the court to judicially review the process in which he was found guilty by the Leadership Tribunal and recommended for dismissal.

Arguments of the leave application were heard on May 30 by Justice Oagile Bethuel Key Dinake and a decision reserved.  

During submission on May 30, Namah’s lawyer, while seeking leave, put to court that the tribunal members fell into a constitutional error in not following due process in the appointment of the tribunal.

Namah calls on OC to revive charges

Namah said this following the recommendation by the Leadership Tribunal on Monday for his dismissal.

The outspoken leader said he has been singled out following the events of the political impasse and will challenge the tribunal’s decision.

In a media conference this afternoon, Namah said from the outset that as a leader he is bound by the laws of the land and accepts any error of judgement on his part.

However he said the tribunal’s ruling on a single count was harsh and oppressive and he will challenge it.

Namah guilty for storming into court

Justice Terrence Higgins and Senior Magistrates Patricia Tivese and Alex Kalandi reconvened today to give the verdict and penalties after the tribunal heard evidence in November last year.

They recommended to the Head of State that Namah be dismissed from office after finding him guilty of misconduct in office when he stormed into the court room, demanding the arrest of Chief Justice Sir Salamo Injia.

The recorded session of the incident on 24 May 2012 was played by the Judiciary’s court reporting services during the tribunal hearing before members of the tribunal.

Application for Namah’s arrest before court

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.  

Namah difficult to serve: Lawyer

Jerome Sioni of Twivey Lawyers today informed the Supreme Court they have had unsuccessful attempts to effect personal service on Namah since December last year.

Four other opposition MPs; Bryan Kramer, Sir Mekere Morauta, Patrick Pruaitch and Kerenga Kua, have been served.

Sioni asked the court for another 14 days to have the court documents served on Namah.

Chief Justice Sir Salamo Injia allowed the 14-day adjournment. The case is to return to court on February 19.

In this motion, Prime Minister O’Neill is asking the court to charge the MPs for contempt.

PM to fix books in contempt applications

The applications briefly came before the Supreme Court today and were adjourned to the end of the month.

The application seeking contempt charges were against Sir Mekere Morauta, Patrick Pruaitch, Kerenga Kua, Belden Namah and Bryan Kramer.

It was filed in the two joint appeals that is challenging the National Court’s decision of August 8, which found that the court cannot judicially review the arrest warrant that was issued against the Prime Minister in 2014.

The joint appeals have been heard with a decision pending from a three-man Supreme Court bench.

Namah leaves evidence against him unchallenged

The tribunal sitting resumed this morning for the leader to give evidence after an indication was given yesterday to members of the tribunal and the counsel assisting tribunal that he will give evidence as a witness today.

However this morning, his lawyer Greg Sheppard told the tribunal he received instructions last night that his client will not give evidence.  

Namah tribunal: PP to present reference

The tribunal hearing was adjourned from lunch time after it refused an application by Namah's lawyer.

Members of the Tribunal this morning dealt with an application regarding the process of the new tribunal's appointment.

His lawyer, Greg Sheppard, told members of the tribunal the previous one was not revoked and the due process followed in appointing this present tribunal was not right.

Namah not served tribunal documents

The adjournment was given this morning by member of the tribunal, after Namah’s lawyer Greg Sheppard and the Public Prosecutor Pondros Kaluwin said they were not formally given the notice.

Apart from media reports being run on the announcement of the tribunal on September 28, parties told Chairman of the tribunal, Justice Terrence Higgins, that they are yet to receive the notice of that appointment.