Belden Namah

Justice Terrence Higgins and Senior Magistrates Patricia Tivese and Alex Kalandi reconvened today to give the verdict and penalties after the tribunal heard evidence in November last year.

They recommended to the Head of State that Namah be dismissed from office after finding him guilty of misconduct in office when he stormed into the court room, demanding the arrest of Chief Justice Sir Salamo Injia.

The recorded session of the incident on 24 May 2012 was played by the Judiciary’s court reporting services during the tribunal hearing before members of the tribunal.

The application was filed on 16 March by Twivey lawyers, who represent Prime Minister Peter O’Neill.

It stems from the contempt motions the PM filed against five members of the Opposition; Kerenga Kua, Patrick Pruaitch, Sir Mekere Morauta, Bryan Kramer and Belden Namah.

Namah is said to have been evading personal serve of the contempt motion that the Prime Minister filed against him.

It is a requirement to effect personal service on alleged contemnors. Substitute service in the daily newspapers is also available in events personal service cannot be effected.  

Jerome Sioni of Twivey Lawyers today informed the Supreme Court they have had unsuccessful attempts to effect personal service on Namah since December last year.

Four other opposition MPs; Bryan Kramer, Sir Mekere Morauta, Patrick Pruaitch and Kerenga Kua, have been served.

Sioni asked the court for another 14 days to have the court documents served on Namah.

Chief Justice Sir Salamo Injia allowed the 14-day adjournment. The case is to return to court on February 19.

In this motion, Prime Minister O’Neill is asking the court to charge the MPs for contempt.

The applications briefly came before the Supreme Court today and were adjourned to the end of the month.

The application seeking contempt charges were against Sir Mekere Morauta, Patrick Pruaitch, Kerenga Kua, Belden Namah and Bryan Kramer.

It was filed in the two joint appeals that is challenging the National Court’s decision of August 8, which found that the court cannot judicially review the arrest warrant that was issued against the Prime Minister in 2014.

The joint appeals have been heard with a decision pending from a three-man Supreme Court bench.

The tribunal sitting resumed this morning for the leader to give evidence after an indication was given yesterday to members of the tribunal and the counsel assisting tribunal that he will give evidence as a witness today.

However this morning, his lawyer Greg Sheppard told the tribunal he received instructions last night that his client will not give evidence.  

The tribunal hearing was adjourned from lunch time after it refused an application by Namah's lawyer.

Members of the Tribunal this morning dealt with an application regarding the process of the new tribunal's appointment.

His lawyer, Greg Sheppard, told members of the tribunal the previous one was not revoked and the due process followed in appointing this present tribunal was not right.

The adjournment was given this morning by member of the tribunal, after Namah’s lawyer Greg Sheppard and the Public Prosecutor Pondros Kaluwin said they were not formally given the notice.

Apart from media reports being run on the announcement of the tribunal on September 28, parties told Chairman of the tribunal, Justice Terrence Higgins, that they are yet to receive the notice of that appointment.

This is the tribunal appointment that was announced on September 28 by Acting Chief Justice, Sir Gibbs Salika.

The appointment follows a request made by the Public Prosecutor, Pondros Kaluwin, in his letter to the Chief Justice on November 8, 2016.

A previous tribunal appointed against the leader has not progressed far, due to a Supreme Court Reference, which arose from the actual appointment process of the tribunal.

Sir Gibbs explained that this appointment is a new one, following a request by the Public Prosecutor.

Acting Chief Justice, Sir Gibbs Salika today announced the appointment.

The appointment follows a request made by the Public Prosecutor, Pondros Kaluwin, in his letter to the Chief Justice on November 8, 2016.

The leader was served notice of the tribunal appointment through the Speakers office in parliament on Wednesday at 3:07pm.

A previous Tribunal appointed against the leader has not progressed far, due to a Supreme Court Reference,  that arose from the actual appointment process of the tribunal.

Before a scheduled media conference today, Namah was served the documents by Twivey Lawyers at his home in Port Moresby.

Namah said he will challenge the proceeding saying there is no case against him.

Just minutes after being served, Namah said the contempt proceeding was a delay tactic to deviate, deflect and downplay the main issue which were the alleged corrupt allegations against the Prime Minister.