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

A hearing date to address the issue of standing involving the UBS loan case is expected to be set by the Supreme Court next Monday.

 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.

Parties were also directed to produce draft index by next Monday, Oct 10, before the court can set a hearing date for the issue of standing.

Polye must convince the court that he has standing or right to bring such Supreme Court application under section 18(1) of the constitution. If the court finds that he has standing, the matter can go for an actual hearing.

Other parties in the case are Prime Minister Peter O’Neill, the State and the Australian branch of the Union Bank of Switzerland.

This case was re-filed by Polye’s lawyer after the Supreme Court, on April 28, dismissed the matter for want of prosecution.

What was returnable that day was a standing application where Polye was to inform the court, through his lawyer, that he has enough grounds to challenge the government’s decision to acquire the K3 billion UBS loan.

The outcome of the standing application would then proceed to the substantial hearing of the reference, however, Justice Derek Hartshorn, Collin Makail and Don Sawong dismissed the application and the entire proceeding due to Polye’s lawyer’s failure to be in court on time.

Sally Pokiton