Justice David Cannings

Filed in the Human Rights track of the Waigani National Court, the case sought a declaration of the court to nullify the purported students reaffirmation form, which the UPNG administration issued to them to sign when the suspension of semester one was lifted.

Justice David Cannings dismissed the case last Friday for want of prosecution after the SRC showed no interest in the case. Neither their lawyer, Laken Lepatu, nor the former president Kenneth Rapa had been appearing in court for the matter since June.

A three-man Supreme Court bench granted bail to Parker at K10,000 just before lunch-time today. The decision comes after two bail applications in the National Court were refused on June 6 and Sept 10, 2015.

Parker has spent 18 months remanded at Bomana since he surrendered to police in June 2015.

The court was satisfied he has spent reasonable time in custody since he was committed to stand trial in December 2015.

At the time bail was granted, Parker spent 12 months in remand after he was committed to stand trial.

Justice David Cannings of the National and Supreme Court of PNG made the comments recently in Port Moresby when doing a presentation at the Judicial Conference on ‘Unrepresented litigants and what the courts can do’ to assist people who bring cases before the courts .

An unrepresented litigant is a person who is a party to a legal proceeding who does not have a lawyer to represent them.

He said in PNG, the problems regarding litigants in person are not nearly as great as those in other countries.

The case questioned the legality of the Chief Justice in appointing members of the leadership tribunal that are looking into Namah’s misappropriation allegations.

Greg Sheppard said his client had fresh evidence that could be used to further justify the case.

The judge however, ruled otherwise.

The ruling came today after an hour trial was conducted at the Waigani National Human Rights Court by Justice David Cannings.

Justice Cannings, after hearing counsels’ submissions, ruled that the reaffirmation form issued by the university administration was to make students refrain from ‘illegal activities’ or detrimental activities and it was not capable of taking away any human rights of the student body.

The matter was called twice at 3.30pm and later at 4pm, however, the lawyer for the plaintiff was not present in court.

Justice David Cannings adjourned the trial to this Friday at 9.30am. He said the matter was put forward as an urgent application last Wednesday with expedited directions for a trial to be conducted today.

Lawyers for the state, UPNG registrar Jennifer Popat and the university administration were present in court today.

Justice Cannings was sworn in this morning at the Government house by Governor General Sir Michael Ogio, in the presence of his fellow brother judges and the media.

Deputy Chief Justice Sir Gibbs Salika, Justice Sir Bernard Sakora, Justice Allan David and Justice Les Gavara-Nanu attended the event.

The swearing-in today comes after Chairman of the Judicial and Legal Service Commission and Attorney General Ano Pala, re-appointed Justice Cannings for another three years commencing June 24, 2016.

Cannnings will travel to Kimbe on August 24 to visit the jail and specifically check if Water PNG is supplying clean water to prisoners at Lakiemata jail, in the matter of basic rights under section 67 of the Constitution.

This comes after the court on May 15 summoned heads of PNG Power, Water PNG, Treasury and Finance departments, and Correctional Service to appear before Justice Cannings.

Lawyer for Water PNG Jack Lomai told the court today (July 1) that Water PNG carried out tests on the water supply at Lakiemata and said it was safe for consumption.