national court

This morning, lawyer for the UPNG SRC president and student leaders, Laken Lepatu Aigilo, moved an application before Justice Derek Hartshorn.

The human rights application stems out of the June 8 shooting by police on UPNG campus and was filed under section 57 and 155 of the Constitution.

The application substantively seeks a declaration and permanent injunction against NCD metropolitan superintendent Ben Turi, NCD/Central Commander Sylvester Kalaut, Police Commissioner Gari Baki and the State.

Counsel representing Kange, Fredrick Lunge formally moved the bail application this afternoon that was opposed by the state.

Justice George Manuhu, after hearing the application, reserved his ruling to next Monday (June 6).

Lunge moved the bail application pursuant to section 42(6) of the PNG constitution saying anyone is entitled to bail, except when charged with wilful murder and treason. He also relied on section 9 of the bail act.   

He told the court that Kange was charged with manslaughter and bail should be open to him.

Charged with one count each of stealing, conspiring with others to defraud and money laundering, the Committal Court has found sufficient evidence against Jacob Kom of Nondugl village, North Waghi district in Jiwaka Province.

Magistrate John Kaumi in his ruling found there was sufficient evidence Kom abused his position and responsibility in his former role as someone who manages customers’ bank accounts.

Justice Collin Makail granted the order at 3:45pm today. This temporary stay will be in place until next week Wednesday (June 1) where parties will return to court.  

The students moved the urgent application filed this morning seeking to stay the decision of the University counsel dated May 24 when it suspended Semester One and ordered students to vacate campus within 48 hours. This 48 hour ultimatum ended at 3pm today.

Robbie Yansion told Loop PNG outside the Waigani Court house this afternoon he will file a fresh application before the National Court tomorrow.

He made these comments after Justice David Cannings refused an application sought by the students seeking restraining orders against Police being stationed at the UPNG campus.

Yansion said they will be seeking the same orders sought today which were refused due to lack of evidence before the court.

A number of motions and applications filed by parties since April 18 returned today however the court proceeded to hear the application filed by the second respondent, Police Commissioner Gari Baki.

His lawyer Ronald John Webb preceded with the applications filed early this month seeking two orders of the court.

The application was filed around the circumstances of the legal representation of Damaru and his engagement of private lawfirm, Jema lawyers, McRonald Nale and Greg Egan.

The Waigani National Court this afternoon refused an application filed by University of Papua New Guinea Student Representative Counsel seeking removal of the ‘Heavy police presence’ on campus.

The Human Rights Enforcement application came before Justice David Cannings seeking three interim orders. It was filed by the SRC’s lawyer Robbie Yansion on May 17.

They were seeking orders;

The election of Presidents and Ward members of the Local Level Governments in 2013 were declared ‘failed elections’ by the Electoral Commission on August 15, 2013.

It was declared failed elections in a blanket decision on grounds of widespread corruption and illegal practices at polling and counting venues, 15 days before the date fixed for the Return of Writs of Aug 30, 2013.

A National Gazette notice was issued on Oct 7, 2013 however it did not specify which wards were subject to that decision. 

This follows a successful election petition filed by petitioner Alfred Luke Manase disputing the election of Polye as the duly elected Member of Parliament for the Kandep Open electorate in the 2012 General Election.

The decision came today, more than a year after the trial was conducted in January 2015. 

This means that Polye is no longer a member of parliament.

Justice Joseph Yagi ordered the Electoral Commission to count five ballot boxes that were disputed during the General Elections within 30 days from today.

McRonald Nale of Jema Lawyers, who is representing Damaru, confirmed with Loop they filed the contempt proceeding yesterday.  

The contempt proceeding was filed against the actions of Commissioner Baki on April 18 when he temporarily closed the fraud office after a stay was granted by the National Court against Damaru’s suspension.   

Damaru was served a notice of suspension from office on Saturday, April 16, at his family residence at Bomana.