Delilah Gore

Gore filed the Judicial Review proceeding following the Leadership Tribunal recommendation on August 10 this year to suspend her from office for three months without entitlements. 

The recommendation came after members of the tribunal made up of Chairman Justice Poole and senior magistrates Mark Selefkariu and Ernest Wilmont found her guilty to one count of misconduct in office.

The review will come before Justice Les Gavara-Nanu at the Waigani National Court following Gore’s successful bid to halt the head of state from making her three month suspension effective.

On September 10 Justice Gavara-Nanu allowed the stay application on the basis that the application was urgent as the applicant was a member of parliament.

Her lawyers had argued then that the Leadership Tribunal in handing down its penalty decision did not take into account the period she was already suspended for.

Gore is facing two allegations. She was found not guilty on the first allegation against her however was found guilty of the second allegation.  

One is the allegation that she failed to carry out her obligations under section 27 of the Constitution by conducting herself in a way that demeaned her office as a passenger on flight PX 853 at Girua airport on the morning of April 24, 2014 and is thereby guilty of misconduct in office under section 27(5)(b) of the constitution.

And the pilot in command of that flight was also called to give evidence against Minister Gore.

Sheryl Marjen, a member  of the cabin crew and Captain Taulea Ugava who was in command of that flight gave evidence after lunch when the tribunal resumed.

Captain Ugava who had been flying with Air Niugini for 17 years said on the morning of April 24, 2014 at Girua airport, he received a call on the flight intercom from the cabin crew member after doing safety checks.

The minister who was seated in court had forgotten to switch off her phone after court officials told everyone in court to switch off their phones.

It is a contempt of court to have one’s phone ring during a court sitting.

Minister Gore’s phone rang while counsels were cross examining the main witness called by the  prosecution, flight attendant Sheryl Marjen.

Chairman of the leadership tribunal Justice Goodwin Poole had to order the person whose phone rang before his tribunal to leave the court room immediately.

The two witnesses were on the same flight on the morning of April 24, 2014 as Delilah Gore.

The tribunal inquiry into allegations of the breach of the Aviation Safety Act by Member for Sohe and Minister for Community Development, Youth, and Religion Delilah Gore re-convened this morning with the prosecution calling three witnesses.

Among those who were called for cross examination were the then Air Niugini port manager for Girua airport Edward Ososo and passengers Morley Mirou and Elisabeth Awaisa.

 Manase lawyers withdrew the application on Wednesday.

The stay application on the tribunal comes after an unsuccessful attempt to seek leave for a judicial review that was dismissed on May 18 by Justice Les Gavara Nanu in a National Court decision.

The leadership tribunal against the minister however commenced on June 12 where the statement of reasons and reference outlining the allegations were handed to the tribunal and minister.