Namah seeks judicial review on Tribunal decision

Suspended Vanimo-Green MP, Belden Namah who was recommended for dismissal from office by a Leadership Tribunal on April 9, has sought leave in court to apply for a judicial review.

His lawyer, Greg Sheppard moved the leave application today which was not opposed by the state.

Justice Oagile Bethuel Key Dinake heard arguments and reserved his decision.

The leave application was filed on May 11, seeking leave to apply for judicial review on two main grounds.

Constitutional error in following due process in the appointment of the tribunal, and the failure to afford natural justice to the leader, by inviting him to suggest penalty after a guilty verdict was handed down on April 9 by the Tribunal.

“At least give the defendant (now applicant in review), to maybe submit to tribunal on recommendations. On the face of it, it’s an error,” Sheppard submitted in court.

In addressing the requirements of judicial review, Sheppard said Namah is directly affected by the decision, thus have standing to bring such application, adding there is clearly no other administrative remedies available.

Sheppard also put to court that a permanent stay order that was made against the first tribunal Chaired by (now retired) Justice Goodwin Poole was not dispensed or revoked.

“Its decision (permanent stay) was never revoked. Instead of demolishing the existence of that tribunal, nothing was done,” he added.

Sheppard also submitted in court that to re-commence a Leadership Tribunal process, the Ombudsman Commission, under section 27(1) of the Organic Law on Duties and Responsibilities of Leadership, should make a referral to the Public Prosecutor.

“They needed to go through the proper procedure, and we say that procedure did not occur. They have to do it in accordance to section 27 and did not do it,” he added.

Namah’s lawyer further suggested that if leave to review is granted (to apply for Judicial review), the matter should be referred to the Supreme Court under section 18(2) of the Constitution, to interpret the question of procedure in appointing a new tribunal.

The state opposed a stay order that was also sought against the Tribunal’s decision.

The court was asked if the stay application, can be argued in court at a separate date, pending instructions from its client (the Leadership Tribunal).

While Namah is seeking leave to judicially review the Tribunal’s decision, this newsroom understands, the instrument recommending his dismissal from office was signed by the Governor General on April 15.

Speaker Job Pomat is yet to make an announcement on the floor of parliament.   

Author: 
Sally Pokiton
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