national court

15-year sentence confirmed for child sex offender

Paul Pisa today went before the Supreme Court with his appeal against conviction.

He was convicted by the Waigani National Court on 16 March 2017 following a trial and was sentenced to 15 years in prison on 20 April 2017.

The victim in the case was 15 years at the time of the incident and bore a child on June 22, 2014, as a result. She was sexually assaulted between Sept 1 and Sept 18, 2013, at Redhill at Gerehu.

He argued the appeal before the full court on seven main grounds.

Court deliberates on police officer’s verdict

Justice Danajo Koeget today heard submissions on verdict from state prosecutors as well as council for the accused, Andrew Mulungu.

The officer from Tari, Hela Province, is facing three counts of misappropriating a total of K62,500 between 15 July, 2010 and 30 November, 2011.

The complainant in this case, who is now deceased, was a primary school teacher for 31 years in Hela.

After retiring, he came to Port Moresby in 2010 to access his POSF entitlements when he met Mulungu, the traffic police officer.

Hearing on BCL licence case next month

The decision made on 16 January 2018 by the Autonomous Bougainville Government has been stayed by the court since April 10, pending the substantive hearing.

It was stayed after leave was granted by Justice Leka Nablu of the Waigani National Court.

Parties in the case, including another interested party, appeared before the National Court today (April 23).

The case will return to court on May 10.

BCL applied for the renewal of its exploration licence on 6 May 2016 from the Department of Mineral and Energy Resources of the Autonomous Bougainville Government.

Rights breached by reservist

Alua Sipi filed the case, claiming his human rights was breached when he was physically assaulted by members of the NCDC Police Reserve unit on 19 January 2015.

A Trial was conducted and the National court which found that Sipi established liability against Constable Nelson Dauwai and the state.

He established a cause of action for the breach of his human rights, in particular, section 36(1)- Freedom from Inhuman Treatment, section 37(1)- Protection of the Law and section 41(1)- Proscribed Acts of the Constitution.

Man acquitted over rape allegations

The trial against Nigel Kipma commenced at the Waigani National Court on 10 August 2016.

Almost two years later, he was acquitted from allegations that he abducted and continuously raped the teenager at the Institute of Public Administration residential area.

She was 16 years old at the time. The alleged incident took place between Dec 10 and Dec 15, 2010, when he was 20 years old then. 

They were in a relationship at the time of the incident.

However, the state alleged that no consent was given by the victim during the time of the offense.

K97, 000 for permanent eye injury

The National Court today ordered the state to pay K97, 272 to Eastern Highlands man Wallan Awaparu after he was injured four years ago at 2 mile hill.

The resident of 2 mile hill settlement suffered permanent loss of vision to his left eye, after he was shot on the morning of 15 March 2014.

He woke up that day to an ethnic clash between Engans and Goilala people and went to investigate the commotion outside his house.

Police arrived in vehicles and fired shots at bystanders. He was shot in the commotion and taken to the Port Moresby General hospital.

Leave refused to Micah

Micah's petition was dismissed in the National Court for being incompetent because it was filed one day late and outside the 40-day period.

Ian Ling-Stuckey was declared MP on 20 July 2017. The 40-day filing period ended on 29 August. Micah filed the petition on 30 August 2017.

During competency hearing in the National Court, Micah stated in his affidavit that there was an error in the gazette notice regarding public holiday dates of 27 July and 26 August. The year dated on the gazette was 2018 and not 2017.

Recount for Madang Regional ordered

The recount order was issued after the court found that James Yali, who was a parolee when he nominated to contest the election, was not eligible.

The court dismissed Yali's petition that was challenging Peter Yama's election today.

Yali’s conviction and sentence would have finished on 18 December 2017. His inclusion in the election affected the results.

He finished second while Retired Defense Force Commander Major-General Jerry Singirok finished third.

The court however upheld Jerry Singirok’s petition and set aside Yama's election, ordering a recount.

Ijivitari petition dismissed

The National Court in Popondetta has dismissed the petition disputing Richard Masere’s election as Ijivitari member. It was dismissed for being incompetent.

It was filed by losing candidate Sheldon Deilala, who alleged seven counts of bribery against Masere.

Masere, through his lawyer Dane Mel of Mel and Henry Lawyers, filed an objection to competency, which was heard on Monday 5 February at the beginning of a 5-day trial in Popondetta, Northern Province.

The trial was scheduled from 5-9 February before Justice Iova Geita at National Court Popondetta.

Division to handle State-claim cases

The special administrative track was set up last year to specialise in the handling of case by or against the state.

The National Court currently has between 4,000 to 5,000 cases involving the state, such as statutory bodies and incorporations.

That caseload requires experienced judges to sit through and dispose of them in a qualitative way.

Chief Justice Sir Salamo Injia said the bulk of the state claims are actually registered at Waigani.

“Other judges are also dealing with the state claims outside Port Moresby…the caseload against the state is increasing.