national court

Senior Committal Court magistrate Cosmas Bidar found insufficient evidence against Michael Ambros of Yungili village, Pangia, Southern Highlands Province, dismissing the case against him and the information charging him.

In dismissing the case, Magistrate Bidar said the Prime Minister is the leader of the country and is subject to public scrutiny, adding people have the right to freedom of speech and expressing their views.

The late Yinu was 17 when he left his families and friends behind on Oct 7 last year. He died a month short of his 18th birthday.

One year on, the case surrounding his death is still undergoing the Committal Court process, with a ruling scheduled to take place on Oct 6 at the Waigani District Court.

This will see the court give its ruling on whether it has sufficient evidence against accused Jude Nidung, David Travolta, Gregory Tuaki, Alwin Matiabe, Tobias Samson and Kenneth Yangun.

This time, it has gone before the Supreme Court with member for Koroba-Lake Kopiagio, Philip Undialu filing an application asking the Supreme Court to stay the National Court proceeding.

This is the National Court proceeding which Justice Collin Makail found both the elections of Komo-Margarima MP, Francis Potape, and Koroba-Lake Kopiagio MP, Philip Undialu, to the Governor’s post on July 5,  null and void as it breached Standing Orders of the Hela Provincial Government.

Justice Collin Makail of the National Court deferred that decision from Monday afternoon to this morning. Arguments in this case were heard on Aug 25.

The motion filed by Potape also seeks to restrain member Koroba-Lake Kopiagio, Philip Undialu, from acting as Governor.

Undialu was purportedly elected governor by the Provincial Assembly on the morning of July 5 at 10 o’clock while Potape was elected governor at 2pm the same day.

A Provincial Assembly meeting was conducted on June 28 in Hela. This meeting was adjourned to the afternoon of July 5.

The Waigani National Court handed down its decision this afternoon on the case filed by Hela businessman Larry Andagali.

Andagali filed the case over the Electoral Commission’s delay in conducting a by-election for the Governor’s seat following the passing of the late Governor Anderson Agiru on April 28.

The court found and declared that the office of the Governor became vacant on April 28, however, it refused to order a by-election, four months on since the death of the late Agiru.

Wangillen was found guilty on Feb 19, 2015 by the National Court for conspiring with another person and misappropriating K400,000, monies belonging to the Ijivitari District.

He was sentenced on June 11, 2015 to five years in prison.

The appeal against his conviction and sentencing will be heard on Oct 25. The date for the hearing was set yesterday after the case came for directions hearing.

He said the Court must also be mindful of this and treat people differently due to risks involved when detained.

He made these comments when he allowed K1000 bail this afternoon (Friday) for the fifth accused that was arrested and charged for his alleged involvement in the Tatana shooting on January 17, 2015.

The court used its discretion in granting bail to 33-year-old Jeffery Sheekiot of Sumusamu village, Bogia, Madang Province, after his lawyer appeared before the National Court this morning and moved a bail application.

Potape and his lawyer appeared before Justice Collin Makail on Friday morning seeking interim orders to have the court recognise him as Hela Governor and Thomas Potape as deputy governor.

The motion also seeks to restrain member Koroba-Lake Kopiagio, Philip Undialu, from acting as Governor. Undialu was purportedly elected governor by the Provincial Assembly on the morning of July 5.

Potape’s notice of motion filed on Aug 9 did not proceed to be heard today.

The matter was fixed for hearing by Justice Collin Makail after businessman Larry Andagali filed the case naming the Electoral Commission, National Executive Council and the state as defendants.

The case was filed over the delay in conducting a by-election for the Governor’s seat following the passing of the late Governor Anderson Agiru.

Eluh and Gitua filed two separate judicial reviews in October last year following their termination over disciplinary reasons on September 23 and 28 respectively.

Their terminations have been stayed since Oct 30, 2015, pending the outcome of this review.

A trial date has been set for Oct 7 that will come before Justice Collin Makail in the National Court.

Review books were filed by parties on Wednesday this week. The trial will be conducted by way of affidavits or statements and arguments in court. No witnesses will be called to give evidence.