national court

Trial date set for Eluh, Gitua hearing

Eluh and Gitua filed two separate judicial reviews in October last year following their termination over disciplinary reasons on September 23 and 28 respectively.

Their terminations have been stayed since Oct 30, 2015, pending the outcome of this review.

A trial date has been set for Oct 7 that will come before Justice Collin Makail in the National Court.

Review books were filed by parties on Wednesday this week. The trial will be conducted by way of affidavits or statements and arguments in court. No witnesses will be called to give evidence.

Man convicted for manslaughter

Russell Simoi Yahena was convicted by the court today for the lesser homicide offense of manslaughter after he stood trial for the charge of murder.

Yahena’s lawyer on Wednesday made a submission in court that he had no case to answer to after  the State had closed its case. The court ruled otherwise this morning and the trial continued.

K10,000 bail granted to Wobiro and friends

The National Court granted bail for the three after they showed exceptional circumstances. Bail was allowed after conviction pending the sentencing of the three.

Justice Panuel Mogish this afternoon allowed bail after medical reports produced before the court came from reputable medical practitioners and specialists.

He also allowed bail after considering the affidavit of Bomana Jail Commander, Superintendent, Haraha  Keko, that the CIS facility at Bomana was very basic and unable to accommodate, treat and monitor patients with heart conditions.

This week in court reviewed

Western Governor Ati Wobiro was found guilty of conspiring with two others to misappropriate funds by the National Court on Tuesday while Eastern Highlands Governor Julie Soso was given a penalty fine of K15,000 for disobeying orders of the Supreme Court on Thursday.

Soso indicated she will pay that fine by Friday while Wobiro remains detained at Bomana awaiting a bail application that is expected to be heard next Monday (Aug 1).

Another night for Wobiro at Bomana

 Governor Wobiro, Provincial Administrator Dr Modowa Gumoi and founder of Fly Care Foundation Inc. Norman Carl May were all taken back to Bomana around 4:30 this afternoon after the awaited bail application did not take place.

Family members, relatives and supporters of the three walked out of the court prescient disappointed at the turn out of the day.

Media personnel waiting outside later became the target as the three were driven out in the Correctional Service truck.

Woman gets 25 years for murder

Cathleen Philip was given 25 years imprisonment for killing Emily Bire, the first wife of her estranged husband in the full view of the public and in the presence of the deceased’s two young children.  Husband’s name was not mentioned during the sentencing today.

Justice Sir Kina Bona in sentencing Philip said willful murder attracts either death penalty or life imprisonment however the element of provocation was taken into account in the sentence.

Witnesses yet to come in for Potape’s re-trial

The State this morning presented an affidavit from police investigating officer to the court to inform it that the availability of transportation funds is beyond his control in bringing witnesses into Port Moresby in time for the trial.

The re-trial was supposed to commence this morning however the State sought an adjournment to next Monday which was allowed by the court.

That adjournment was objected by Potape’s lawyer, Justin Haiara saying they had been waiting for the trial for almost 12 months and that the leader has responsibilities in the Hela Provincial Government.

Court refuses students' applications

Justice David Cannings heard the application this afternoon and refused the order sought.

The students went to court through their lawyer seeking to restrain UPNG Registrar Jennifer Popat and the university administration enforcing that the students’ sign the reaffirmation form.

Justice Cannings refused the order sought saying the case was not strong enough to warrant an injunction to be issued.

He instead set a hearing date for a trial next week Wednesday at 3pm.

Students’ judicial review case adjourned

The National Court on June 1 granted leave to the students to apply for judicial review over the university’s council on May 24, which ordered the students to vacate campus within 24 hours.

The matter returned before Justice Collin Makail this morning however, lawyer for the plaintiffs (students), Laken Lepatu Aigilo, was not present in court today.

The matter is now adjourned to July 18.

Charges on Damaru stayed

The court stayed the recent charges laid against Damaru.

He was charged for one count of Abuse of Office and Deprivation of Liberty in relation to the arrest of Justice Bernard Sakora.

The Police Commissioner and his servants were also restrained from taking any action against members of the Fraud Squad arising out of or in relation to the arrest of Justice Bernard Sakora until further orders by the court.

These orders were granted after lawyer representing the plaintiffs, McRonald Nale of Jema Lawyers made ex-parte submissions seeking leave to stay the charges.