Supreme Court

Namah leaves evidence against him unchallenged

The tribunal sitting resumed this morning for the leader to give evidence after an indication was given yesterday to members of the tribunal and the counsel assisting tribunal that he will give evidence as a witness today.

However this morning, his lawyer Greg Sheppard told the tribunal he received instructions last night that his client will not give evidence.  

Legitimate LOs get title after 13 years

This comes after the Supreme Court dismissed an appeal filed by Barava Limited, challenging the decision of the National Court dated 7 October 2016.

That decision of the National Court nullified the Special Agricultural Business Lease given to Barava Ltd, on portion 101, 102 and 307, on Milinch, Kokopo, East New Britain Province.

The National Court ordered the Department of Lands and Physical Planning, through the registrar of titles and the Minister for Lands, to issue the lease to Gire Gire Estates Limited.

BSP trial adjourned

The adjournment is to allow time for businessman and Madang Governor Peter Yama, to get proper legal advice and file his submissions on a counter-claim of K17 million by BSP against the Yama Group of Companies.

Yama filed the lawsuit in 2015, claiming the damage of K2.7 billion, after the Supreme Court on December 2014, ruled in favour of Smugglers Inn Ltd and the Yama Group of Companies, following a 13-year court battle with Bank South Pacific (formerly PNG Banking Corporation).

​Court: Developers, state must confirm landowners

What is happening in most cases is that, rather than taking this important crucial step, they choose to deal with persons who claim to be landowners when in fact, they may not be the true and correct landowners.

This was highlighted by a three-man Supreme Court bench recently when handing down a ruling on an appeal involving customary land owners of Abau in the Central Province and a logging company.

​Parker appeals against conviction, sentence

He was sentenced last month to 13 years over the murder of Lapan Nason in 2015.

Today the Supreme Court allowed an application asking the court to appeal his sentence, which was handed down on August 21.

He was previously allowed to appeal against his conviction, dated May 29.

These two appeals will be joined and heard at the same time. The joined appeal will be set at a later date.

Justice Stephen Kassman, in granting leave to hear the appeal, was satisfied the ground proposed had merits.

NCDC asks court to quash damage payment

Lawyer for NCDC, Peter Kuman, today asked the bench, made up of Justice Stephen Kassman, Justice John Logan and Justice Robert Lee Lindsay, to quash the National Court’s decision of 2 March 2016.

The National Court had previously ordered NCDC to pay Yama Security Services (YSS) Ltd a total of K17,871,510 in damages for breaching a contract, which was to have ended in 2002.

Today Kuman told the court that decision should be quashed because there was no evidence put by Yama Security Services of the loss it suffered then, as a result of the breach.

Businessman appeals against conviction

His lawyers filed the case, asking the court to hear the appeal, against his conviction of manslaughter that was handed down on May 29 at the Waigani National court.

The appeal is on questions of fact.

He was found guilty on May 29 for unlawfully assaulting Lapan Nason on June 6, 2015, that led to his death two days later.

Parker was convicted for manslaughter, the lesser homicide charge after he stood trial for the charge of wilful murder in the Waigani National Court.  

This appeal was filed in June, after his conviction, pending the court’s sentence.

Appeals surrounding PM’s warrant joined

The two seperate appeals were joined after parties in the case agreed, that they had similar grounds, as both appeals arise from the same National Court decision, which dismissed the review case, challenging the legality of the arrest warrant that was taken out against the Prime Minister in June 2014.

PM’s arrest warrant stayed

Chief Justice Sir Salamo Injia granted the stay order this afternoon.

This means the arrest warrant that was issued by the Waigani District Court, on 12 June 2014, cannot be effected by police on the Prime Minister until the court determines the appeal.

PM O’Neill’s lawyers filed the appeal in the Supreme Court yesterday to challenge the decision of the National Court, which dismissed the judicial review former Police Commissioner Geoffrey Vaki filed in 2014.

Supreme Court dismisses pilots’ appeal

The dismissal of the case also means the interim relief of March 23, which stayed their termination as well as eviction from Air Niugini’s accommodation, was also discharged.

Captains Joseph Kumasi, Boris Ageda, Vincent Tongia, Benjamin Lopa, Norman Daniel, and first officers Elijah Yuangi, David Seken and Abel Kanego, were terminated in September over allegations of misconduct.

They filed a judicial review in the National Court and a stay against their termination was granted on Oct 7, 2016.