Supreme Court

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.

Court extends return of writs

The Ombudsman Commission filed a special reference in the Supreme Court and successfully obtained the orders on Friday at 4:30pm.

The court allowed for the extension of the return of writs from July 28 to July 31.

Ombudsman Commission was ordered to serve the court orders on the Electoral Commission by Friday 10pm.

The Clerk of Parliament and Secretary for Justice will also have to be served the orders by 2pm of Saturday, July 29.

The writs were returned to the head of state on Friday at 4pm, however only 80 of the 111 electorates’ writs were given. 

Polye refused interim orders

The court today heard an application by lawyer representing incumbent Kandep MP, Don Polye, asking the Supreme Court to admit two ballot boxes and refuse nine from being counted. 

The two ballot boxes are from the Kanian and Kinduli polling areas and were set aside from counting by the returning officer, without any objection raised, the court was told.

Appeal over Hagen RO appointment dismissed

This appeal was filed by James Yoka Ekip and Simon Sanagke.

According to Electoral Commission list of candidates, Ekip and Sanagke are two candidates vying for the Hagen Open seat this election.

The appeal is challenging the National Court’s decision in refusing leave to judicially review the decision of Electoral Commissioner, Patilias Gamato, in appointing Paul Goema and Andrew Kerowa, as the returning officer and assistant returning officer respectively.

High court allows candidate to contest

Bari Palma is a candidate vying the Kerowagi Open Seat this election. He was declared insolvent, or bankrupt, by the Waigani National Court on June 1.

Justice Derek Hartshorn declared him bankrupt after he failed to pay over K275,000 in legal cost from an Election Petition he had filed in 2013. This case is the first of such in the country.

On Nov 13, 2013, the National Court dismissed Palma’s election petition, ordering him to pay K275,119.06.

Aggrieved with the amount, he filed a judicial review in the National Court in February last year.

Potape’s application adjourned

Chief Justice Sir Salamo Injia adjourned the case yesterday to give time to lawyers to obtain specific instructions from their clients in the case.

The adjournment was granted after lawyer for Koroba-Lake Kopiago MP, Philip Undialu, told the court he was yet to get instructions from his client, who was on a campaign trail in Hela.

Both Potape and Undialu are contesting the Hela Regional Seat in the 2017 National General election.