national court

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. 

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.

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.

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.

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.

The Australian Papuan Civil Rights Council Incorporated and its president, Ian Smith Ikowari, filed the case in the National Court in 2014.

They argued that pre-Independence Papuans are Australian citizens, so they have real foreign citizenship and therefore are not Papua New Guinea citizens.

Their claim was based on the following propositions:

(a)          Papua New Guinea became a nation contrary to international law;

(b)          Pre-Independence Papuans are Australian citizens under Australian law;

This is the judicial review case which Namah filed seeking leave of the court to judicially review the process in which he was found guilty by the Leadership Tribunal and recommended for dismissal.

Arguments of the leave application were heard on May 30 by Justice Oagile Bethuel Key Dinake and a decision reserved.  

During submission on May 30, Namah’s lawyer, while seeking leave, put to court that the tribunal members fell into a constitutional error in not following due process in the appointment of the tribunal.

The Waigani Committal Court today ordered the case against 50-year-old Abol Peter to the National Court for trial.

There was enough evidence in place to commit the case up to trial despite Peter telling the court today that he was forced to sign the framed record of interview document with police upon his arrest.

He will appear for listing on June 11 in the National Court.

It is alleged Peter was involved with others in the abduction of a toddler from Gordon’s market on 3 March, 2016.

Dr Schram is asking the court to vary his bail conditions and allow him to travel overseas.

He intends to travel to Italy and return by June 12.

The purpose of his trip is to obtain his original PhD certificates to assist him defend his case. 

Schram is currently in the country on a tourist visa. His work visa was revoked upon his termination.

He is currently facing allegations of false pretence in the Committal Court.

Dr Schram’s lawyer, Greg Manda, moved the application before Justice Panuel Mogish of the National Court yesterday.

He asked to be allowed to travel to Italy to bring the original copy of his PHD certificate back to PNG to defend a criminal case against him before the Committal Court.

However, his lawyer did not meet one of the requirements for such applications, which was to produce two guarantors who will ensure Dr Schram returns to the country.