Judicial review

 Eluh was dismissed from the constabulary over disciplinary reasons on 23 October 2015.  

He was however suspended on June 20, 2014 for a previous incident of insubordination.

Eluh served on a three-year contract from July 15, 2013, to July 15, 2016.

He was part of the team from the National Fraud and Anti-Corruption Directorate, which was instrumental in investigating allegations of fraudulent funds from 2013 with the now abolished Investigation Task Force Sweep team.

Following a change in the Police Commissioner’s post, that suspension was lifted.

The leave for the Judicial Review was granted on June 13^th, 2017. 

Morola’s lawyer said they wanted to know whether the suspension and appointment of the acting secretary, George Bopi, was legal.

The lawyer told the Court that his client was not aware of the May 3^rd NEC decision for her suspension until the media reported it on the 24^th of May, 2017.

She says she was not even given the seven days’ required time to respond to the allegations against her.

 This includes the Minister for Lands Benny Allan, his secretary, their servants and agents.

The National Court will be judicially reviewing the forfeiture of land known as portion 2747, land located along the PNG LNG Project area.

This comes after Laba Holdings Limited, the landowner company that represents the four villages of Porebada, Boera, Papa and Lealea, filed a motion in court seeking interim orders and Judicial Review.

Justice Leka Nablu issued the restraining orders this morning after she allowed for a judicial review to be carried out.

Justice Leka Nablu today granted leave to an application that was moved by Director of the National Fraud and Anti-Corruption Directorate, Matthew Damaru, on May 18, asking the court to review that decision of Magistrate John Kaumi.

Magistrate Kaumi dismissed the case and the information that was laid against Sir Bernard.

The Committal Court’s view was that it does not have jurisdiction to prosecute or commence a criminal proceeding against Sir Bernard, who occupies a judicial office because certain laws were not complied with.

Damaru represented himself before Justice Leka Nablu where he asked the court to grant leave or allow a judicial review to take place.

The case was filed by Damaru and Inspector Joel Simatab, as police investigating officers challenging the Waigani Committal Court's decision on 7 June, 2016 to dismiss the case against Justice Sir Bernard Sakora, who was then facing allegations of judicial corruption.

Justice Nablu heard the motion and reserved her decision to June 1.

The issue in the judicial review proceeding was for the National Court to review the decision of Chief Magistrate Nerrie Eliakim, who issued a warrant of arrest against the Prime Minister on June 12, 2014.

The review was filed by Geoffrey Vaki in his capacity as the then Police Commissioner on June 14, 2014.

On July 28, 2014, leave was granted by the National Court to Vaki for a judicial review to be conducted against the decision of the Chief Magistrate on June 12, 2014.

Justice Collin Makil, in his decision this morning, found that the Leadership Tribunal's decision was not unreasonable and bias, thus the penalty recommendation for dismissal from office should stand.

He said the member’s review failed, dismissing it with cost as he was of the view that Knight was not denied a fair hearing.

This decision of the review came a day before the issue of writs tomorrow, after the trial was conducted in April last year.

The disappointed member said he will seek legal advice on his next step, indicating a Supreme Court appeal.

The National Court’s Judicial Review track dismissed Sir Bernard’s motion this week because it was of the view that he filed the motion under the wrong provision of the National Court rules.

On June 7,2016, the Waigani Committal Court dismissed a case against Justice Sir Bernard Sakora on the charge of judicial corruption.

Chief Superintendent Mathew Damaru and Inspector Joel Simatab from the National Fraud and Anti-Corruption Directorate on June 30 last year filed a judicial review in the National Court against that decision.

The Judicial review was filed in 2014 over the disbanding of the Investigation Task Force Sweep team; a body that National Court ruled was created as a result of a policy decision. 

Koim filed the appeal on Jan 6, 2017 listing Prime Minister Peter O’Neill, the National Executive Council, Attorney General Ano Pala and the state as respondents.

Koim and the Prime Minister’s lawyers appeared before Chief Justice Sir Salamo Injia this morning for hearing, however that did not eventuate because the Prime Minister’s lawyers said they were not served the Notice of Motion.

 The recommendation of the Leadership Tribunal consisting of Justices Derek Hartshorn, Martin Ipang and Sir Kina Bona dated Dec 15,2016 has been temporarily halted pending the substantive review.

Justice Harold Terrence Foulds on Tuesday granted leave for Konivaro to file for a judicial review against the recommendation of the Tribunal.

The National Court was satisfied Konivaro had sufficient interest, filed his case within a reasonable time, had an arguable case and exhausted all remedies at the time his application was filed.