Supreme Court appeal

Suspended Assistant Commissioner of police human resource, Sylvester Kalaut and Fred Yakasa’s objection to the appeal was refused by the court this afternoon.

In January 2021, the National Court found that the appointment of David Manning as the Police Commissioner was unlawful because he did not possess any tertiary qualifications.

Following this ruling, Manning filed for an appeal at the Supreme Court on the 28^th of January which the court granted an order to stay this decision until a ruling is made on the appeal.

Lawyers representing Prime Minister Peter O’Neill filed an urgent application yesterday morning, to ask the Supreme Court to stay the dismissal of the National Court review, pending the appeal.

They went before Chief Justice Sir Salamo Injia this morning after directions were issued yesterday for court documents to be served on the Solicitor General and the state, including the Chief Magistrate.

Pruaitch was seeking discovery of the Ombudsman Commission’s investigation documents in the appeal, which challenges a decision of the National Court from Dec 2014 after the lower court rejected a motion he was seeking in a civil proceeding.

This was after he became subject to investigation by the Ombudsman Commission, during his term as the Minister for Forestry from 2002-2007, regarding allegations of misconduct in office against him under the Leadership Code.  

He has been serving a 10 year sentence since 18 November 2016.

A three-man Supreme Court bench consisting of Justice Panuel Mogish, Justice George Manuhu and Justice Stephen Kassman will give their ruling at 10:30am on the appeals against conviction and sentencing, which Wobiro and two others filed.

On 23 March, Wobiro, Dr Madowa Gumoi and Norman Carl May asked the Supreme Court, through their lawyers by way of appeal, to quash their conviction and sentencing, saying it was flawed and unsound.

The matter is fixed for hearing on Thursday, February 23.

Leave was granted or allowed to the trio by the Supreme Court on Dec 14, 2016 after the court was satisfied on their grounds of appeal.

One of their grounds of appeal is that that they were found guilty of misappropriating K350,000 and an additional K24,000 and not K7,060,000- the amount to which they were sentenced to 10 years in jail for.

The three were convicted on July 26,2016 by the National Court for conspiring to defraud the state and misappropriating monies amounting to K7 million.

His lawyer made submissions in court this afternoon on an appeal he filed against the decision of the Waigani National Court.

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 jail.

The appeal against conviction was on three main grounds. A three-man Supreme Court heard submissions today and reserved its ruling to this Friday.

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.

The granting of leave by the National Court on Oct 7 saw the court stay the termination of the respective pilots affected.

The appeal Air Niugini filed came before Justice Stephen Kassman on Tuesday this week, however, it was adjourned to next week Monday. It is expected to return before Chief Justice Sir Salamo Injia.

Air Niugini filed the appeal on grounds the judicial review in the National Court is an abuse of process because Air Niugini is subject to Company Act and its decisions cannot be reviewed through a judicial review proceeding.

Taita Prichard, 42, a Papua New Guinean and naturalised Australian citizen was found guilty for planning and using her cousin to willfully murder her former lover, John Hulse at Napanapa outside Port Moresby on July 23, 2011.

She was convicted along with her cousin, 35-year-old James Paru on Nov 11, 2015. Both were sentenced to serve 30 years in prison on Feb 12 this year.

Convicted and sentenced by Deputy Chief Justice Sir Gibbs Salika of the Waigani National Court, Prichard filed an appeal in the Supreme Court against that.

Opposition Leader Don Poyle in a news conference today said: “A Constitutional process must be accomplished.”

He was referring to the Motion of Vote of No-Confidence (VONC) which the Opposition filed last Tuesday, but the next day, the Government used its numerical strength to adjourn Parliament, into the VONC grace period.  

After July 27, 2016, no motion of VONC can be moved against the Government.  

Poyle stated the six reasons for submitting the VONC against the O’Neill-Dion Government are;