national court

Justice Leka Nablu yesterday heard inter-parte submissions on the two judicial review cases that were filed by student leaders who were permanently excluded from studies after classes resumed at the university.

Darrel Kamen, Lawyer representing the University of Papua New Guinea is seeking to have two cases filed by students dismissed from the National Court.

He told the court that there is no issue left for the court to consider in the cases as all the student leaders appeals went in their favour.

 Aki was committed to stand trial today after the Waigani District Court found sufficient evidence he killed his wife on Dec 26 last year at the Kone Tigers oval. 

On Sept 19, the court ruled it had enough evidence against Aki who was charged over the murder of his wife on January 5.

A section 96 statement was filed in response to the court's ruling.

After considering that statement, Magistrate John Kaumi ordered the committal of Aki's case for trial today.

He will next appear at the National Court for listing on Oct 31.

Justice Les Gavara Nanu granted leave for the court to conduct a judicial review of the decision by Luther Sipision on October 29, 2015, where he granted titles over certain portions of lands in the Kanauki area of East Sepik to the Sepik Agro Industry Limited.

Customary landowners; Harry Juni, Lucy Benguma, Vitus Wafi, Ricky Sausimani and other landowners from 12 different villages including Merohombi, Simbomie, Howi, Haripmo,Witipi, Sengri, Maringe, Hinges, Hagama, Yehimbole, Javari and Sara villages of Yangoru in East Sepik are the applicants in the case.

Rapa and 12 others who were members of the now suspended, Student Representative Council filed an urgent application seeking leave for a judicial review into their permanent exclusion from studies on Aug 9.

The 2016 Student Representative Council has been permanently suspended after the UPNG Council removed their powers prior the resumption of semester one classes on Sept 5. 

The stay against the students’ exclusion was granted after Justice Collin Makail granted leave or allowed for a judicial review to be conducted.

Daniel Kapi arrested for conspiracy

http://www.looppng.com/content/daniel-kapi-arrested-conspiracy

An elderly man from Enga province appeared at the Waigani Committal Court today over allegations he conspired with others to sign a court document for a case before the National Court.

Digicel kicks off October with treats for customers nationwide

 Lawyers representing Koroba-Lake Kopiago MP, Philip Undialu and Komo-Margarima MP, Francis Potape who was purportedly elected Governor on Sept 13 returned to court before Justice Collin Makail today.

Undialu’s lawyer Goiye Gileng told the court his client needs more time to consider his next step following Justice Makail’s comments in the National Court last Friday.  

Justice Makail on Friday, Sept 30 told Undialu to make up his mind, whether he wants to pursue fighting the Hela Governor Seat in the National Court or the Supreme Court.

The appeal challenges a decision of the National Court from Dec 2014 after the lower court rejected a motion Pruaitch was seeking. He was seeking the disclosure of investigation documents that was obtained by the Ombudsman Commission from the National Forest Authority.

The pending decision of the Supreme Court came before the attention of the Waigani National Court on Monday when civil matter came for call over before Justice Hitelai Polume-Kiele.

A three-man Supreme Court bench allowed an appeal by Prime Minister Peter O’Neill and set aside the joinder of Matthew Damaru and Timothy Gitua in the judicial review proceeding that was filed by Geoffrey Vaki in his capacity as the Police Commissioner (then) in 2014.

Justices Derek Hartshorn, Stephen Kassman, and Ambeng Kandakasi in a unanimous decision found that the National Court judge fell into error when he allowed the joinder of the two on Dec 7,2015.

UPNG’s lawyer Darrel Kamen appeared before Justice Collin Makail today to move that motion however the hearing was adjourned to Oct 20.

Kamen attempted to move that motion today saying the students did not exhaust all available administrative remedies before running to the National Court.

He told the court that the UPNG Appeals Committee will convene on Thursday and deliberate on the appeals filed by the students.

The Waigani District Court today ordered the committal of 22-year-old Pangia man Joshua Yawijah and his co-accused, 23-year-old Engan woman, Jacklyn Tanda, to stand trial.

They are expected to appear for listing before the National Court on Oct 10.

Their committal today comes after Magistrate Cosmas Bidar discharged the statement of the complainant, Evangelyn John Aitsi, because it found that the statement was signed by someone only known to the court as Babine.