national court

Suspended Parliament Clerk allowed review

 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.

Bid to halt tribunal hearing fails

Konivaro through his lawyer, Justin Issack went before recently appointed judge, Justice Harold Terrence Foulds on Tuesday with an urgent application seeking leave to file for Judicial Review.

He also sought a stay order against members of the leadership tribunal consisting of Justices Derek Hartshorn, Martin Ipang and Sir Kina Bona from handing down their sentence against him till the review is dealt with.

Public servant sentenced to 9 years in jail

39-year-old Jeffery Yakopya, the former Assistant Secretary-Economic Branch of the Department of National Planning and Monitoring, was found guilty to paying his own company K5 million to build three Bailey bridges in the Komo-Margarima district, Hela province. Only one bridge was built.

The offence was committed in July 2010 when Yakopya, on behalf of Niugini Star Transport Limited, a company he incorporated himself, submitted a project proposal to the department valued at K14,609,126.03.

Judge: Public servants must serve with honesty

Deputy Chief Justice Sir Gibbs Salika said money is essential to growth and development and when public servants misuse it, as in the case of Jeffery Yakopya, development is retarded.

“The role of public servants is to implement government decisions to deliver the goods and services to the people of this country and not to go into business themselves and run those businesses,” said Sir Gibbs.

“Any diversion and deviation from these responsibilities has its dire consequences and the court must not shy away from meeting out the consequences with severity.

Woman apologises for stealing phone credits

Glenda Nugai apologised to the court, her family and former employer of six years; Oceania Communication in court today for her part in transferring K232,000 worth of Digicel credits out from the company.

The credits were transferred on 25 different occasions to a man, known to the court as Norman Ikilis.

She asked the court to be lenient in what penalty to impose against her as sentence when she appeared before Deputy Chief Justice Sir Gibbs Salika with her lawyer during submissions on sentence.

Judge: Increase in number of gold buyers cases in court

He made these comments today when he heard penalty submissions from lawyers on what the court should impose as sentence, on a man who was recently convicted for conspiracy and the misappropriation of over K100,000 as a gold buyer.

Sir Gibbs said many come to court asking for a suspended sentence and restitution to be paid over a period of time but the repayment monies come in ‘dribs and drabs’.

Supreme Court to decide on PX appeal

Chief Justice Sir Salamo Injia sitting as a single Supreme Court judge today heard submissions from lawyers representing Air Niugini, Ian Shepherd and the eight national pilots, Moses Murray. He reserved his ruling to Dec 9.

Sir Salamo in reserving his decision said he needs to go through the National Airline Commission Act to see the status of Air Niugini.

Air Niugini is seeking leave of the Supreme Court to appeal the National Court decision dated Oct 7 which allowed a judicial review to be conducted by the court on the termination of the pilots.

Ombudsman to inform court on next move

On Sept 2, a five-man Supreme Court bench found that the process involved in the referral of Prime Minister Peter O’Neill for prosecution under the Leadership Code in relation to the K3 billion Union Bank of Switzerland loan was unconstitutional.

The case in the National Court was referred to the Supreme Court by Justice Collin Makail returned before him on Tuesday.

Justice Makail told the court the OC should immediately come back and advise the court on its position since the Supreme Court ruling in September.

12 years jail term for former city rangers

Justice George Manuhu sentenced Kila Samson and Jack Anu to serve 12 years each after he found them guilty for manslaughter.

He sentenced them to 12 years each, however having spent time in remand at Bomana, Samson will now serve 11-years- and-six-months while Anu will serve 11 years-and-10-months in jail.

Back in 2013, both men were engaged as City Rangers at the Gordons Market. On June 15, 2013, they assaulted a man from the Laiagam district in the Enga Province after an argument broke out over a damaged market table.

Judge disqualifies himself sitting in Paraka case

This proceeding relates to the alleged fraudulent payments in the years 2012 and 2013 of over K71million by the State through the Department of Finance for legal bills of Paul Paraka trading as Paul Paraka Lawyers.

Justice Kariko disqualified himself early this week after an application (filed Oct 28,2016) which he was asked to look into, relied on an earlier interlocutory decision he made.