Supreme Court

Kange refused Supreme Court bail again

Kange’s lawyers went before a three-judge Supreme Court bench last Wednesday, Oct 26 and asked the court for bail after the same court had refused a previous application in Sept.

The National Court has also refused two of his bail applications. He asked the court last week to release him on bail pleading he is at risk of being attacked by other prisoners after open threats were made to him.

He also stated in his affidavit that the threats started while he was kept at the Waigani Police station holding cell.

Polye: Constitution breached in UBS loan acquisition

This application was moved by Polye’s lawyer, Loani Henao before a three-man Supreme Court bench, asking the court to allow a Constitutional application to be heard saying he has standing or rights as an MP and citizen to bring such applications.

Henao made submissions before the court today saying Polye has sufficient interest in bringing such applications which raises significant constitutional issues.

Kange seeks bail for safety

Kange has been remanded at Bomana since September and is now pleading that he is at risk of being attacked by other prisoners.

He went before a three-man Supreme Court bench today with his lawyer from Young and Williams, Greg Sheppard.

A decision on that bail application has been reserved to a later date.

Sheppard told the court that threats have been issued against Kange by other remandees at Bomana which Correction service officers are aware.

Parties disagree to documents in index books

This is the special reference that was referred to the Supreme Court by Justice Catherine Davani on Jan 28, 2015 over certain constitutional questions surrounding the alleged improper borrowing of K3 billion loan from the Union Bank of Switzerland AG by the Government.

A total of 11 questions were referred to the Supreme Court for interpretation.

Last adjournment for Akunai case

Chief Justice Sir Salamo Injia allowed a final adjournment to Thursday and told parties to get all necessary documents in order before they return to court.

Parties in the case appeared before him to settle the index book, which will be used in the appeal hearing. However, certain court documents were not in the index books.

“I am a busy person and I want things done quickly. We need to get the appeal books ready to be heard in the October sitting,” Sir Salamo said.

Supreme Court order against refugees’ deportation still active

With the new accommodation arrangement taking effect today (Oct 4) at the Manus Regional Processing Centre, Mike Compound at the Lombrum centre will accommodate those who have non-refugees status and have received a deportation order.

But Lomai, who represents over 600 detainees at the centre, says unless that injunctive order stopping deportation is varied, “no asylum seekers should be forced to return back to his country of origin”.

Date to hear Polye’s standing in UBS case to be set

 This is in the case Opposition Leader Don Polye re-filed, challenging the legality of the government’s decision to acquire the K3 billion from the Union Bank of Switzerland.

Polye’s lawyer, Loani Henao, appeared before Chief Justice Sir Salamo Injia today for directions.

The Court was told the appeal books that would be used in the case had not been filed yet.

Sir Salamo issued directions for parties to compile the application books before the court hears arguments on whether Polye can bring such application before the Supreme Court.

New accommodation arrangements for refugees

The PNG Immigration has released new accommodation arrangements for the transferees which will see them separated in compounds according to their processing status come Oct 4.

Loop PNG confirmed with a transferee at the Manus centre that they were made aware of the new accommodation arrangements on Tuesday this week.

“All processing will end soon. Once the Minister decides your refugee status, there is no reason for you to remain in this centre,” the Communication guide released by PNG Immigration to those at the center stated.

Court sets aside cops' joinder in PM’s warrant case

A three-man Supreme Court bench allowed an appeal by Prime Minister Peter O’Neill and set aside the joinder of Matthew Damaru and Timothy Gitua in the judicial review proceeding that was filed by Geoffrey Vaki in his capacity as the Police Commissioner (then) in 2014.

Justices Derek Hartshorn, Stephen Kassman, and Ambeng Kandakasi in a unanimous decision found that the National Court judge fell into error when he allowed the joinder of the two on Dec 7,2015.

Court refuses to stay re-count

The Supreme Court today refused to allow a Slip Rule application that was filed by sitting Kandep MP, Don Polye to proceed to a hearing.

Polye filed the slip rule application asking the court to revisit its decision of Sept 6, alleging the court fell into error when it issued an order for a re-count.

On May 2, the National Court ordered a count of 5 disputed ballot boxes from the areas of  Lungutenges No.1, Kombros No.1, Kambia No. 1, Maru and Imipaka however the Full court on Sept 6 varied that order, and told the Electoral Commission to conduct a re-count in 30 days.