A three-man Supreme Court bench this morning allowed the withdrawal of the appeal after leave was sought in the court by Sam Koim in his capacity as Chairman of the Investigation Task Force Sweep team.
This now means that the stay that was issued by the Supreme Court in February, allowing the work of the Task Force Sweep team to continue, while the Supreme Court deals with the appeal is discharged.
Koim asked the court this morning to allow him to withdraw the appeal which was filed challenging the decision of a Judicial Review in the National Court.
The Judicial Review on Dec 2,2016 upheld the NEC decision to disband the Task Force sweep in 2014 because the establishment of the Investigation Task Force Sweep team was as a result of an administrative NEC policy decision and the court has no jurisdiction to review an NEC decision.
Task Force Sweep has not received any funding since it was abolished on 18 June 2014 and Koim said although they maintained the office through the stay that was put in place by the courts, it was impossible for them to survive and sustain operations.
When asked by Loop PNG about the timing of the withdrawal of the appeal given nominations are on, Koim said he has no intentions to contest the elections.
“Its 24 hours before the nominations close, there’s nothing much we can do about it.
“We have made the decision to withdraw the proceeding for personal reasons, which does not include contesting the elections.
For now, the Task Force Sweep team is no longer in place until and unless the government decides.
Meanwhile retired judge, Graham Ellis is expected in the country this Friday, according to lawyer Tiffany Twivey in court today.
Retired Judge Ellis was appointed by NEC to head the new investigation body; Independent Commission Against Corruption.
It is a NEC decision and the bill for the establishment of ICAC is still before Parliament. It is yet to go for the third reading and the final vote.