The leadership tribunal inquiry that was appointed to look into allegations of misconduct in office against Vanimo Green MP Belden Namah has been adjourned to next week Tuesday.
Public Prosecutor Pondros Kaluwin indicated before the tribunal he will be presenting the reference to Mr Namah before the tribunal next week (Nov 3) when the sitting reconvenes.
This morning members of the tribunal also gave their decision on issues of constitutional matters that Namah’s lawyer, Greg Sheppard, raised in relation to the appointment of his leadership tribunal.
Yesterday Sheppard moved the application, saying by operation of law; the Chief Justice Sir Salamo Injia should have excluded himself from appointing the tribunal against Namah and should have appointed another senior judge to act on the referral from the Public Prosecutor.
This was because the Chief Justice was involved in one of the allegations Namah is facing when he allegedly interrupted a Supreme Court hearing in 2011 where Sir Salamo was sitting.
Sheppard requested for the constitutional matter to be dealt with first at the Supreme Court before they proceed to the referral before the tribunal.
As per section 18(2) of the Constitution on Original interpretative jurisdiction of the Supreme Court, any question relating to the interpretation or application of any provision of a constitutional law arises in any court or tribunal, other than the Supreme Court, the court or tribunal shall, unless the question is trivial, vexatious or irrelevant, refer the matter to the Supreme Court, and take whatever other action (including the adjournment of proceedings) is appropriate.
Chairman of the leadership tribunal inquiry Justice Goodwin Poole in handing down the decision of the tribunal said at this stage of the tribunal proceeding, there was no question to refer to the Supreme Court for interpretation.
He however said the tribunal will deal with the leader’s referral with similar allegations at a time after the reference is presented to Mr Namah.
Allegations of Mr Namah’s failure to submit his annual returns will be the first allegation the tribunal will deal with.
Photo: Namah and his lawyers outside the Waigani Court house precinct last week.