Polye’s UBS loan case pending instructions

The hearing of an application filed by Don Polye in the Supreme Court challenging the Government’s decision to acquire the K3b UBS loan is pending because there has been no instruction from parties in the case to the lawyers.

The case returned for directions before the Supreme Court today and lawyer for the Opposition leader, told the court that parties have been having “difficulties in securing instructions from their respective clients” and asked for a general adjournment to the Supreme Court registry.

This was refused by Justice Collin Makail. Instead he told parties to prepare themselves and file affidavits within a month. He adjourned the case to May 1.

He said parties were issued instructions and if efforts by parties are not forthcoming, the matter should be dismissed.

Prime Minister Peter O’Neill is the respondent in this case.

Polye through his lawyer, Loani Henao asked the court on Oct 28, 2016 to hear his application (standing) and enquire into the manner in which the UBS loan was approved and obtained by the Government.

He said the NEC breached section 209 of the Constitution when acquiring the UBS loan by not seeking the approval of Parliament before the State entered into a financial agreement with the Union Bank of Switzerland for the purpose of obtaining 10.1percent shares in Oil Search.

On Nov 3, 2016, A three-man Supreme Court bench consisting of Deputy Chief Justice Sir Gibbs Salika, Justice David Cannings and Justice Stephen Kassman in a unanimous decision ruled that Polye had standing or the legal capacity to challenge the Government’s decision in court through a Supreme Court application he filed under section 18(1) of the Constitution.

They were of the view that Polye raised significant constitutional issues and that he has the right to challenge the decision as he holds a public office and is a member of parliament.

A date was to be set for the substantive hearing of the application; however that hearing is yet to take place four months on, after leave was granted to Polye on the issue of standing.

 

Author: 
Sally Pokiton