national court

Court Dismisses Yama’s Application

The decision was handed down on today, 16 August at the Waigani National Court house.

Yama alleges that police do not have the powers to interfere or carry out any electoral function during the entire election process.

Justice Joseph Yagi in his decision said, “The facts deposed by Yama in his affidavit much of which are hearsay, are mere opinions and assumptions.

“A restraining order, if granted will result in halting a very significant constitutional process,” he added.

Judge queries candidate’s conviction status

Justice Joseph Yagi requested the court to assist in this matter following a leave application put forward by candidate Francis Potape seeking review of the decision by the Electoral Commission appointing John Tipa as the Hela Provincial Returning Officer.

Following the Supreme Court Judgement recently clarifying that ex-convicts are not allowed to contest any elections, Justice Yagi said, “There is no way I can avoid this judgment and that the applicant may fall under this category.”

Duban Committed To National Court

Magistrate Ben Kome on Wednesday 11 January, told the Committal Court that there is enough evidence to commit Duban to the higher court for three counts of misappropriation and one count of conspiracy.

Duban`s lawyer Bradley Wak said he will appeal against the decision on his client’s behalf, because they have identified technical errors. 

Bench Upholds State’s Appeal

The bench comprising of Deputy Chief Justice, Ambeng Kandakasi and Judges Collin Makai and Thomas Anis, last Thursday upheld an appeal filed by Solicitor General Tauvasa Tanuvasa, on behalf of the State, and commander of Beon Correctional Service Institution, against a Katherine Mal, 55.

Mal was among a group of four were convicted and sentenced to 16 years in prison in 2012.

Tanuvasa had filed the appeal against the National Court decision of Justice David Cannings dated May 8, 2017.

Fr. Jan Czuba’s Case On Trial

Acting Judge, Laura Kuvi questioned Department of Higher Education Research Science and Technology (DHERST) Manager National Online Selection System, Daniel Kereka during a trial case against sidelined DHERST Secretary Fr. Jan Czuba

Mr Kereka, who was the sixth witness, only gave opinions of the advantages and the disadvantages of the national online selection system, without providing concrete records and evidences of what his opinions were based on the case against Fr. Jan. 

Court Dismisses Fire Fighters’ Appeal

The aggrieved fire fighters commenced proceedings against the PNGFS and the State in 2015 in the National Court claiming entitlements for losses suffered and damages.

The aggrieved party had wanted the National Court to find PNGFS to be in breach of two memoranda agreements dated 1994 and 2005 thus denying them their entitlements.

But the case was thrown out in 2017, when the National Court found it having no cause of action and that the proceeding was an abuse to the court process. 

Court orders Returning Officer to present election results

Justice David Cannings made the ruling at 9:30 this morning after returning officer, Reverend Tom Sine failed to bring the completed report.

The Electoral Commission through its lawyer had submitted to adjourn the case as the returning officer was sick and not present in court.

Justice Cannings said the Electoral Commission failed to return the results to the National Court on three occasions and will not grant the application.  He said it was a serious matter.

Recount for Simbu regional

Dua however remains Governor of Simbu Province, pending the final result of the recount, which should be presented back to the National Court by February 8, 2019, for ratification.

Kool’s petition alleged illegal practices and errors or omission attributed to counting officials at the counting centre at Dickson oval, Kundiawa, between 7 July and 7 August last year.

Paraka delayed filing review

The court refused to grant leave due to the lengthy delay in Paraka seeking leave to review those decisions.

The Principal of Paul Paraka Lawyers, filed an Originating Summons on March 8, seeking leave to have 11 government decisions judicially reviewed.

They include decisions of the District Courts, Fraud Squad, the disbanded Investigation Task Force Sweep team, the Prime Minister and NEC, Attorney General, BSP and others made between August 2011 and February 2018.

Pini seeks Supreme Court review

The petition was dismissed on May 28 after trial.

Justice Collin Makail dismissed the petition earlier because the petitioner, Pini, failed to establish that polling was compromised by the setting aside of six ballot boxes.

He has since filed a review in the Supreme Court.

An application seeking leave to review the dismissal will be heard in the Supreme Court on 9 July at 3pm.

Another Supreme Court review arising from an election petition that went for directions today before Chief Justice Sir Salamo Injia was the North Fly petition.