Former acting Correctional Service Commissioner, Bernard Nepo has two weeks to fix appeal books before a hearing date is set for the Supreme Court to hear his appeal against a National Court decision
The Supreme Court gave Nepo until July 22 to prepare appeal books and also obtain the National Court audio transcripts from May 5.
Nepo’s appeal is challenging the decision of the National Court, which was handed down by Justice Collin Makail on May 5, quashing his appointment as acting Commissioner and reinstating Michael Waipo as Correctional Service Commissioner.
On June 24, a three-judge Supreme Court bench dismissed an application filed by Nepo seeking to stay that National Court decision and reinstate him to office as Commissioner Correctional Service.
Justices George Manuhu, Allan David and Hitelai Polume-Kiele also ordered Nepo to pay K30, 000 security bond within seven days for his appeal. The appeal will be heard by the same judges at a later date.
On Thursday afternoon, Nepo’s lawyer returned for directions before Chief Justice Sir Salamo Injia.
His lawyer told the court that they were seeking an extension of time to file an application that seeks to bury the orders issued by the full court of June 24.
However the Chief Justice told Nepo’s lawyer that a slip rule would be the appropriate application to proceed with and an application to bury the orders of the Supreme Court full bench cannot be done unless the orders came from a Single Supreme Court judge.
The matter returns to court on July 22 for further directions before a date can be set for the substantive appeal to be heard.
(Loop file picture.)