A judicial review of the Waigani District Court’s decision to commit Kokopo Businessman Eremas Wartoto to stand trial in the National Court will recommence before another judge.
This comes after a three-man Supreme Court bench quashed a decision of the National Court, that summarily dismissed a judicial review he filed in the National Court to review the district court’s decision to
full court found that the decision to dismiss the Judicial Review on Nov 12, 2015 was an error of law.
The court also found that in the decision of Nov 12, 2015, the judge misinterpreted or misapplied an earlier commit his case for trial on fraud related charges.
Justice Panuel Mogish on Thursday delivered the unanimous decision on behalf of the bench that also consisted of Justices Nicholas Kirriwom and Joseph Yagi.
The Supreme Court decision which did not allow Wartoto from commencing a judicial review proceeding in respect of a District Court decision to commit him.
Wartoto went before the Supreme Court on April 27 this year with an appeal against the National Court’s decision of Nov 12, 2015 which summarily dismissed earlier orders of another National Court proceeding, that was made on Feb 13, 2015 granting leave to Wartoto to apply for judicial review.
His Supreme Court appeal was filed on Dec 22, 2015 based on nine grounds.
On Oct 15, 2014, Wartoto was committed by magistrate Cosmas Bidar to the National Court to stand trial on a number of fraud charges.
On Feb 4, 2015, Wartoto moved an application seeking leave (Under order 16 of the National Court rules) to review the District Court’s decision to commit him to stand trial in the National Court. Leave was granted on Feb 13, 2015 which also acted as an interim stay on the trial proceeding.
Wartoto filed for Judicial Review on grounds Magistrate Cosmas Bidar, in giving his ruling to commit him to stand trial did not give reasons, did not consider any of his submissions as required under section 94B(2)(b) of the District Courts Act and did not consider all the exhibits before him.
Wartoto also alleged the magistrate made remarks which were inappropriate, unfair and raised questions regarding his impartiality.
However Nov 4, 2015, the State filed a Notice of Motion in the National Court (under order 12 of the National Court rules) seeking to dismiss the judicial review proceeding and set aside the interim stay order.
On Nov 12, 2015, the State’s application was granted, dismissing the judicial review proceeding and consequently the interim stay was discharged.
(Loop PNG file picture of Wartoto and his lawyer early this year.)