Supreme Court

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.

Parker’s motion for extension dismissed

Parker was seeking extension of time to file an appeal against his conviction of manslaughter.

Lawyers representing Parker and the public prosecutor appeared before the Supreme Court this morning.

The state did not oppose the application but told the court it was filed prematurely, as they still had 24 days to comply with the 40 days appeal time frame.

Parker’s lawyers intend to file an appeal against his conviction on May 29 but are still awaiting the written judgment and were seeking an extension of time to be allowed by the Supreme Court to file that appeal.

​Issue of Hagen RO remains in Supreme Court

The appeal will return for directions in the Supreme Court before appeal books can be filed next week in preparation for hearing of the substantive appeal.    

Lawyer representing James Yoka Ekip and Simon Sanagke clarified that the appeal is still on foot, or ongoing, after the Supreme Court on Saturday refused an interim application they filed, asking the court to stay an earlier decision of the National Court dated 4 May.

Option of Election petition remains

Chief Justice Sir Salamo Injia refused an application filed by James Yoka Ekip and Simon Sanagke over the Electoral Commission’s decision in appointing Paul Goema and Andrew Kerowa as the Returning Officer and Assistant Returning Officer for the Hagen Open seat respectively.

They asked the court on Thursday through their lawyer to stay the decision of the National Court, when it refused to allow a Judicial review to be done into the appointment of Goema and Kerowa by Electoral Commissioner Patilias Gamato.

Issue of Hagen RO goes to high court

While this matter was filed on May 24 waiting to go before court, other candidates and their supporters took issues into their own hands on Wednesday and disrupted flights into the Kagamuga airport by sitting and protesting on the tarmac.

Air Niugini this morning resumed flights into Mt Hagen after Police managed to get the supporters out.

James Yoka Ekip and Simon Sanagke filed an appeal in the Supreme Court, and today asked the court through their lawyer to stay the decision of the National Court, dated 4 May, which refused an application they had earlier filed.    

Gamato: It’s before the Courts

“Their matter is in the Supreme Court and is expected back in court on Thursday,” Gamato told Loop PNG, referring to the action by candidates and supporters disrupting flights into the Western Highlands capital this afternoon.     

“These are the same people who filed the case against me and are now taking the law into their own hands to close the Kagamuga Airport.”

A passenger who travelled from neighbouring Southern Highlands Province, Brian Waffi confirmed with Loop PNG that the candidates and their supporters were sitting on the tarmac and protesting.

Wobiro asks court to revisit appeal

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.

Date set for pilots appeal

That appeal will go for hearing on June 27 at 9:30am at Waigani.

 Captains Joseph Kumasi, Boris Ageda, Vincent Tongia, Benjamin Lopa, Norman Daniel, and first officers Elijah Yuangi, David Seken and Abel Kanego are challenging their termination from Air Niugini last September.

The Supreme Court on March 23 granted interim relief to the pilots, which stayed their termination as well as eviction from Air Niugini’s accommodation.

Chief Justice Sir Salamo Injia allowed or granted leave for their appeal to be heard by the full court.

144 volumes in pilots’ appeal case

This is before a hearing date can be set by the court.

Moses Murray, who is acting for the eight; Captains Joseph Kumasi, Boris Ageda, Vincent Tongia, Benjamin Lopa, Norman Daniel, and first officers Elijah Yuangi, David Seken and Abel Kanego asked the court for an extension on Monday to compile outstanding 108 volumes of the appeal books they will rely on in the case.

A total of 144 volumes will be compiled in the appeal books; that’s three volumes for each of the eight pilot’s case.