Court orders in Tato’s appeal still disputed

Consequential orders being sought in the Supreme Court appeal filed by Solomon Tato, over the Eastern Highlands Provincial Administrator’s post, is still being disputed by parties in the case.

The appeal was set for hearing before three judges of the Supreme Court on Tuesday however, could not proceed further as parties could not agree to orders that the court should issue as a result of the case hearing.

The case was adjourned and parties returned to court yesterday at 3.30pm (Wednesday) but still did not agree to the orders. Three different consequential orders were drafted but not settled by the parties involved.

Tato’s lawyer said the proceeding was filed in Goroka in response to the appointment of Samson Akunai (first respondent in case) as the acting Provincial Administrator. After his term expired, Alvin Innamoi was appointed but his term has also expired since.

Tato’s lawyer proposed to have the cases, filed in Goroka and Waigani National Court, dismissed as a consequential order. However, lawyers representing Governor Julie Soso, Eastern Highlands Provincial Executive Council and the State, proposed otherwise.

They didn’t agree with Tato remaining in office due to a fraud case alleging misappropriation on an ex-officio indictment he is currently facing. They said they will agree with the proposed orders only if Tato steps aside from office.

Akunai’s lawyer disagreed with Tato’s proposal, saying the application to discontinue the National Court cases filed in Goroka and Waigani should be refused as they are matters that relate to the substantive issue.

One of the three-man Supreme Court bench members, Justice Don Sawong, told parties the matter is listed on the fast track list and it was obvious one of the review books were filed late.

The court adjourned the matter to a date that will be advised to counsels later where they can hear the appeal and also deal with other issues arising out of the case.

Author: 
Sally Pokiton