The Supreme Court this morning (July 15) upheld an application for judicial review sought by the Kavieng Open member and Minister for State Owned Enterprises Ben Micah against his referral by the Ombudsman Commission.
A three judge Supreme Court bench consisting of justices Collin Makail, David Cannings and Terence Higgins delivered their decision this morning granting him leave to get a judicial review over the manner in which he was referred by the OC to the Public Prosecutor’s office.
Micah on July 2 also succeeded in restraining Public Prosecutor Pondros Kaluwin from acting on his referral by the Ombudsman Commission on four allegations of misconduct in office in another Supreme Court decision.
Justice Makail in reading the decision of the higher court this morning quashed the decision of the National Court of May 20 where it refused and dismissed Micah’s application of June 18 seeking a stay order against the Public Prosecutor.
It was May 20’s unsuccessful application at the National Court that led to Micah seeking restraining orders before the Supreme Court where he succeeded on May 20.
Justice Makail in approving the review sent the matter back to the National Court for further hearing.
He also ordered the Ombudsman Commission to provide the statement of reasons of Micah’s referral to him within seven days from today.
In granting Micah leave, Makail said it was the view of the three judges that the minister had an arguable case on the basis that additional information was collected by the OC before he was finally referred on March 9, 2015.
He had earlier on August 15, 2014 responded to the allegations in writing however got no correspondence back from the OC while they continued carrying out investigations.
His referral in March comes after he responded to the allegation of misconduct in office and in particular using his office to gain accommodation benefits at the Grand Papua Hotel.
Makail said the judges had the view that the Ombudsman was duty bound under section 59 of the Constitution to provide Micah reasons for his referral, something Micah’s lawyers claim was not done.
Also in upholding the application for a review, the judges found that Micah had also exhausted all the available remedies before him for a review.
He said only the National Court had the jurisdiction to intervene in the decision of the tribunal against public office holders by way of a judicial review.
He added that the three judges were also satisfied that if the Public Prosecutor had gone ahead acting on Micah’s referral, he (Micah) would not be able to raise the issues of the manner in which he was referred by the Ombudsman, particularly on how additional information was collected against him after his response to the allegations.
The matter (review) will return before the National Court on a later date.