Supreme Court

OC seeks clarification from Supreme Court

The OC wants to find out whether the proposed increase of nomination fees, from K1,000 to K10,000, and the security of costs of an election petition, from K5,000 to K20,000, are constitutional.

“The Commission, through the Supreme Court Reference, will ask the Court to consider the question of whether the proposed amendments to section 103 of the Constitution, and section 87 and section 209 of the Organic Law on National and Local-level Government Elections are constitutional,” the OC said in a statement.

Koim appeal against decision to dismiss review

The Judicial review was filed in 2014 over the disbanding of the Investigation Task Force Sweep team; a body that National Court ruled was created as a result of a policy decision. 

Koim filed the appeal on Jan 6, 2017 listing Prime Minister Peter O’Neill, the National Executive Council, Attorney General Ano Pala and the state as respondents.

Koim and the Prime Minister’s lawyers appeared before Chief Justice Sir Salamo Injia this morning for hearing, however that did not eventuate because the Prime Minister’s lawyers said they were not served the Notice of Motion.

Kulunga files slip rule application

He has filed an application seeking leave to move a slip rule application in the Supreme Court.

Kulunga filed the slip rule application four days after the Supreme Court full bench on Dec 16, 2016, dismissed his appeal against the decision of the National Court which found him guilty of contempt and sentenced him to seven months in prison.

Application on alternate PM nomination dismissed

This application was in relation to the nomination of the alternate Prime Minster in the event of a vote of no-confidence motion against any Prime Minister. It was filed by the General Secretary of the People’s National Congress party, Edward Mike Jondi.

The full court heard submissions during the last Supreme Court sitting week for 2016, and delivered its ruling mid last month.

Justice Joseph Yagi delivered the court’s ruling on behalf of his fellow brother judges, Justices Les Gavara-Nanu and Allan David.

Order to restore Hospital board members stayed

Deputy Chief Justice Sir Gibbs Salika presiding as a single Supreme Court Judge on Thursday granted interim orders sought to Southern Highlands Governor William Powi and the Southern Highlands Provincial Health Authority.

Governor Powi and the SHPHA filed an application which was moved last Friday and granted yesterday, which stayed order on the decision of the Waigani National Court dated Nov 16. 

The application was filed because there was confusion on the legal requirements regarding the establishment of the Provincial health Authority and the Hospital Board.

Vaki acquitted of contempt charges

A unanimous decision of the three-man Supreme Court bench was handed down today at 1.30pm, a short time after another Supreme Court bench consisting of three other judges dismissed the appeal filed by 40-year police veteran Toami Kulunga against his conviction and sentence.

While Kulunga will serve his seven months’ jail term at Bomana for contempt of court charges, Vaki is now a free man after the Supreme Court set aside his conviction and sentence, acquitting him on two charges of contempt of court.

Court quashes Wangillen’s conviction

The high court’s decision came as a huge relief to Wangillen, who spent one-year-six-months of his five-year sentence at Bomana.

Justices Nicholas Kirriwom, Terrence Higgins and Collin Makail today set aside Wangillen’s conviction and sentence, thus acquitting him of the charges of conspiracy and misappropriation of K400,000.

The court found that there was lacking evidence that he knew his co-accused in the small provincial town of Popondetta, and conspired with him to misappropriate K400,000.

Court hears submissions on alternate PM issue

Jondi’s lawyer, Emmanuel Asigau of Pacific Legal Group, today made submissions before a three-man Supreme Court bench on the issue of standing, or whether his client has the right to move such an application.

Justices Les Gavara-Nanu, Allan David and Joseph Yagi heard submissions this afternoon and reserved their ruling to a later date.

Jondi filed the application in March asking the Court to interpret section 142 (Prime Minister) section 143 (Acting Prime Minister), and 145 (Motions of no confidence) of the Constitution.

Supreme Court dismisses PX appeal

Chief Justice Sir Salamo Injia this afternoon ruled he was not persuaded that Air Niugini had an arguable case made out.

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. 

The Chief Justice said the National Court judge did not make an error when he granted leave for a judicial review to be carried out against their termination.

Asylum seekers pursue review against State

The section 5 notice or notice of claims was served on the State and PNG Immigration in November, and the Solicitor General, who represents the State in civil claim matters, rejected the notice.

It was rejected because the new Supreme Court case filed by the 731 asylum seekers, seeking enforcement orders from the Namah Supreme Court case of April 26, was filed out of time.