Leadership Tribunal

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.

Pruaitch was seeking discovery of the Ombudsman Commission’s investigation documents in the appeal, which challenges a decision of the National Court from Dec 2014 after the lower court rejected a motion he was seeking in a civil proceeding.

This was after he became subject to investigation by the Ombudsman Commission, during his term as the Minister for Forestry from 2002-2007, regarding allegations of misconduct in office against him under the Leadership Code.  

The appeal is listed for today and will be heard by Chief Justice Sir Salamo Injia after lunch.

His lawyers filed the appeal on April 22. An urgent application will be moved seeking stay of the Leadership Tribunal’s decision dated May 1, 2015.

Respondents listed in the appeal are members of the Leadership Tribunal; Justice Salatiel Lenalia (as Chairman) and their Senior Magistrate Ignatius Kurei  and Senior Magistrate Rosie Johnson and the State.

It is also seeking the interpretation on whether strict rules of evidence should be complied with when a leader’s conduct becomes subject to a Leadership Tribunal.

The case briefly came for mention today before Supreme Court for directions.

Justice Collin Makail adjourned the matter to next week after he allowed Prime Minister Peter O’Neill and Speaker of Parliament, Theo Zurenuoc, to be joined as parties in the reference.

 The recommendation of the Leadership Tribunal consisting of Justices Derek Hartshorn, Martin Ipang and Sir Kina Bona dated Dec 15,2016 has been temporarily halted pending the substantive review.

Justice Harold Terrence Foulds on Tuesday granted leave for Konivaro to file for a judicial review against the recommendation of the Tribunal.

The National Court was satisfied Konivaro had sufficient interest, filed his case within a reasonable time, had an arguable case and exhausted all remedies at the time his application was filed.

Konivaro through his lawyer, Justin Issack went before recently appointed judge, Justice Harold Terrence Foulds on Tuesday with an urgent application seeking leave to file for Judicial Review.

He also sought a stay order against members of the leadership tribunal consisting of Justices Derek Hartshorn, Martin Ipang and Sir Kina Bona from handing down their sentence against him till the review is dealt with.

Vanimo-Green MP, Belden Namah was the only elected leader who went before an appointed tribunal, chaired by Justice Goodwin Poole (now retired), Senior Magistrate Mark Selefkariu and Ernest Wilmot.

This matter has since been stayed after he succeeded in convincing the National Court to permanently restrain appointed members of the Tribunal from further reconvening.

Namah first appeared before the Tribunal on Oct 23, 2015 to answer to 10 allegations of misconduct in office.

Kondra’s lawyers filed an application seeking to stay the National Court’s decision of March 1 which dismissed his judicial review.

The matter came before the Chief Justice, Sir Salamo Injia today where a hearing date was set.

A three-judge Supreme Court bench will hear the application on June 15.

On March 1, the National Court upheld the decision of the Leadership tribunal recommending Kondra to be dismissed from office.

Justice Collin Makail dismissed Kondra’s judicial review and also ordered him to pay costs for the proceeding.

The matter will now return to court on February 29 for directions before an expected trial date is set  in March.

Knight returned to court today with his lawyers where it was brought before the attention of the court that the review books were missing affidavits and exhibits that were tendered in evidence during the leader’s Tribunal sitting last year.

Justice Collin Makail issued orders for the trial to be vacated from today while lawyers representing Knight and members of the tribunal work around sorting out the review books.

Knight’s lawyer returned to the National Court this morning before Justice Les Gavara Nanu informing the court of compliance on their part in filing and serving review books.

Noel Ako, of Jema lawyers is acting in behalf of the MP. He told the court they are ‘hopeful’ of having the substantive review  to commence on February 8, next year.

Knight was recommended for dismissal from office by the Leadership Tribunal on May 1^st after he was found guilty of misappropriation charges on March 20, 2015 on four of the five allegations brought against him.