Supreme Court

Bid to stop deportation fails

A three-man Supreme Court bench on Monday refused an application filed by 161 men who were processed in Manus and found to be non-genuine refugees.

The 161 applicants are a group from a total of 205 men who were processed and given the status as non-refugees.

These men asked the court to restrain the PNG Government, the National Executive Council and Foreign Affairs and Immigration Minister Rimbink Pato, from deporting them to their home countries pending the court’s determination of the substantive application.

PM welcomes court decision on nomination fees

The Supreme Court has refused the application by the Ombudsman Commission for an injunction that would have prevented Parliament from debating, deliberating and voting on National Election Nomination Fees and Petition Filing Fees.

O’Neill said the proposed amendments will strengthen democratic process to enable true contenders to stand for elections, and will help prevent the malicious use of the court system after elections.

Court refuses bid to stay amendment debate

This comes after arguments were put before a three-man Supreme Court bench on February 27.

A unanimous decision from that bench was delivered today by Chief Justice Sir Salamo Injia.

The court was of the view that serious issues were raised by the Ombudsman in the application over the proposed amendments however there was no evidence or proper material before the court, of those who will be affected by the proposed amendments.

Court will rule on bid to stay fee amendments

The Ombudsman Commission moved its application seeking interim orders on Monday before a three-man Supreme Court bench.

Counsel to the Ombudsman, Dr Vergil Narokobi, said section 19(4) of the Supreme Court rules gives the Supreme Court the jurisdiction, or powers, to grant interim relief for such application brought under section 19 of the constitition.

He said under section 19 of the Supreme Court rules, the court can declare a proposed law to be unconstitutional.

New judges welcomed in ceremonial sitting

These judges were sworn into office last year.

They are Justice William Neil, Justice Robert Lee Lindsay, Justice Terrence Harold Foulds, Justice Jeffery Leonard Shepherd and female judge Leka Nama Nablu.

Justice William Neil was not present today as he was on medical leave.

A Supreme Court Ceremonial sitting is held every year and these judges were not officially welcomed last year due to the sitting that was held in honour of the late Justice Catherine Anne Davani.

OC bids to stay nomination fee increase

Lawyer representing Prime Minister Peter O’Neill was allowed to join as a party or intervener in the reference on Thursday when the matter came before a three-man Supreme Court bench.

The application was listed to be moved in court however it was adjourned to next week because the Prime Minister’s lawyer was yet to see the Hansard or the official recording of Parliament session on January 26.

Kulunga’s Slip rule application heard

The Slip Rule application was moved before Justice Panuel Mogish who sat as a single Supreme Court Judge. He reserved his decision on the application to later date.

Kulunga’s lawyer submitted to the court that the Supreme Court Appeal’s decision which was handed down on Dec 16, 2016 must be revisited because there were no other cases of such nature.

But the State’s lawyer told the court all other issues that the former Police Commissioner is raising now in the Slip Rule were already raised in the appeal.

Hearing commence on reference relating to UBS loan

This reference arises from an originating summons what was filed in 2014 and was referred to the high court by the late Justice Catherine Davani on Jan 28, 2015.

The reference has a total of 11 constitutional questions surrounding the alleged improper borrowing of K3 billion from the Union Bank of Switzerland AG by the Government. It was heard by a five-man Supreme Court bench on Friday.

Supreme Court allows appeal on ITFS disbanding to be heard

Chief Justice Sir Salamo Injia on Wednesday afternoon ordered a stay against the National Court’s decision on Dec 2,2016 which dismissed the judicial review.

The review was filed by Sam Koim as Chairman of the Investigation Task Force Sweep team over its disbanding in 2014.

He filed an appeal on Jan 6, 2017 on 13 grounds against the decision of trial judge, Justice Collin Makail.

Dates available for Western trio’s appeals

Justice Stephen Kassman said there are dates available in February however, that will depend on how fast lawyers file their submissions in court.  

He made these remarks on Friday when the matter went for directions hearing before him. The case will return for mention at 1.30pm today.

The Supreme Court will be dealing with nine sets of appeals in total, two appeals from each applicant against the National Court’s finding of guilt and their ten-year sentence terms.