Supreme Court appeal

Court: Serve Chief Magistrate documents

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.

Supreme Court dismisses Pruaitch’s appeal

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.  

Wobiro's fate to be known today

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.

Western Trios appeal to be heard this week

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.

Wangillen asks court to quash conviction

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.

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.

PX appeals stay on pilots’ termination

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.

Woman appeals case in High Court

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.

Polye files motions to recall Parliament

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;

Banned lawyers affect Vaki’s conviction appeal

 The matter returned to the Supreme Court for direction hearing on Monday (October 5) but could not proceed as the respondent’s lawyers Greg Egan and Terence Lambert were unavailable.  

Director of the National Fraud and Anti-Corruption Directorate Matthew Damaru and his former deputy Timothy Gitua are the respondents in the matter.

Both are represented by Jema lawyers.

Vaki filed an appeal on his conviction on August 11 this year.