Slip Rule Application

They filed a slip rule application alleging a slip, or error, was made by a three-man Supreme Court bench on April 27. This was when the court dismissed their appeal against conviction and sentence.

They returned to court today with their lawyer for directions in the Supreme Court. Their matter was adjourned to June 29.

Their lawyer will seek leave of the court to revisit the appeal the full court had earlier dismissed. If leave is granted and the application allowed, the court will reopen the appeal.

He sought leave of the court on Tuesday before Justice Frazer Pitpit and the court reserved its decision to Wednesday.

Kondra’s lawyer, Philip Ame’s argument in court was mainly on the punishment recommendation that the Chairman of the Tribunal, Justice Salatiel Lenalia made during the Tribunal hearing in 2015.

He said the Tribunal flawed by making separate decisions on the recommended penalty.

On April 27, 2015, the Leadership Tribunal found Kondra guilty to six counts of misconduct in office.

The Slip Rule application was moved before Justice Panuel Mogish who sat as a single Supreme Court Judge. He reserved his decision on the application to later date.

Kulunga’s lawyer submitted to the court that the Supreme Court Appeal’s decision which was handed down on Dec 16, 2016 must be revisited because there were no other cases of such nature.

But the State’s lawyer told the court all other issues that the former Police Commissioner is raising now in the Slip Rule were already raised in the appeal.

He has filed an application seeking leave to move a slip rule application in the Supreme Court.

Kulunga filed the slip rule application four days after the Supreme Court full bench on Dec 16, 2016, dismissed his appeal against the decision of the National Court which found him guilty of contempt and sentenced him to seven months in prison.

In seeking leave of the court to move the Slip Rule she submitted rights of natural justice were not offered to the appellant (Marape) and the first respondent (O’Neill).

She submitted the Supreme Court erred as   it delivered a decision that was not based on the appeal and that the reasons for dismissal were not based on submissions before it.

The matter came before Chief Justice Sir Salamo Injia yesterday (Friday) where a hearing date was fixed for April 26.

The Prime Minister’s lawyer from Twivey Lawyers, Desmond Kipa told the court they have amended the slip rule application that they filed on April 7 as they will also be seeking interim orders.

Kipa informed the court that the application book was not ready as copies of court transcripts from March 22, the day when submissions were made in court and April 5, day the decision was delivered in court, were yet to be obtained.

A slip rule application is when a party seeks the court to revisit its decision after leave is granted to correct any accidental slip or omission in judgements.

The application will come to court on April 18 where the Prime Minister, through his lawyers, will seek leave of the court to apply for the slip rule. If leave is granted, the application will be heard by the Court.

It will be seeking a stay of the decision delivered by the Supreme Court on Tuesday (April 5) until the determination of the application.