Supreme Court

Court grants Paraka’s leave application

Presided over by Justice David Cannings as a single judge, Cannings has granted the application based on the strong conviction from Paraka after he presented valid arguments before the court.

Some of his convictions are due to lack of evidence, and the constitutional right he has to review the decision of the National Court to the Supreme Court, which was a breach because the judge who made the ruling did not take these approaches before sentencing Paraka.

O’Neill respects Court decision

The Court ruled that while there were breaches of the Constitution in the last election, they have ultimately ruled not to intervene in the Parliamentary election of the Prime Minister.

“Of course, I am disappointed that the decision did not go our way and that the serious breaches of our Constitution occurred, but I will respect the ruling of the Supreme Court made this morning in Waigani.”

O’Neill's case dismissed

The case was presided over by a five-men bench Supreme Court comprising Chief Justice Gibbs Salika,  Deputy Chief Justice Ambeng Kandakasi, Justices Panuel Mogish, Justices David Cannings and Justice Ere Kariko, ruled that the application by O’Neil question the appointment of Prime Minister in 2022 election is incompetent with the constitution and the organic law

Paraka’s leave application adjourned

Presided over by Justice David Cannings as single judge, Cannings has adjourned the matter giving sufficient time for the lawyer to prepare his documents after Paraka informed the court of an additional document that was presented to him over the weekend to support his leave application.

Representing himself in court, Paraka said the additional document which is required to support his leave application was filed yesterday morning therefore, he has asked the court to adjourn the matter to next week to prepare the documents before he makes submissions.

Former Auditor General cleared off corruption charges

The prosecution stemmed from allegations that Mr Nauga, whilst the Auditor-General around 2013, fraudulently awarded two contracts to an accounting firm, Frank Benabo and Associates, to audit the DSIP funds of two districts.

Mr Nauga was criminally prosecuted around March 2013, two days before his contract of employment as the Auditor-General of Papua New Guinea expired.

He was slapped with four charges which included abuse of office, official corruption, conspiracy to defraud and misappropriation.

Court summons convicts

On May 31, 2022, the Supreme Court in its interpretation of Section 103 (3) (e) of the Constitution, settled the legal position that a person cannot contest the National General Elections and be qualified to be a member of Parliament if he/she is convicted of an indictable offence that carries a sentence of imprisonment for more than 9 months, effective from June 25 2002.

The only two exceptions to this interpretation are unless the conviction and sentence has been quashed by the Supreme Court or the convicted person has been pardoned under section 151 of the Constitution.

EC Told To Comply With Court Orders

He said following the decision, the Attorney General has written to Electoral Commissioner Simon Sinai advising him of this decision.

The Electoral Commissioner however is yet to make a statement on this landmark ruling and the steps EC has in place to carry out these orders.

“It is only proper for EC to comply with the orders to avoid being in contempt with the law”, he added.

The Solicitor General further explained that the EC must undertake due diligence and put in place a screening process for every candidate who nominates to contest elections.

Court stays Parliament sitting

This means there will be no Parliament sitting tomorrow, December 1st, and on April 20th 2021, until the court hears substantive proceedings then can make its ruling.

In handing down the decision late this afternoon,  after nearly six hours of court hearing, Chief Justice Sir Gibbs Salika said the five man bench, has considered all the arguments presented before the court, before arriving at this decision.

Court yet to hear case of Nov 17 sitting

Interested parties who applied to take part in the proceedings as interveners include; Prime Minister James Marape, Treasurer, Ian Lingstuckey, leader of government business, Renbo Paita, Clerk of Parliament and Paul Paraka as a private citizen.

Ruling on whether to grant these applications will be heard at 12:30pm today, after it was adjourned by the five men bench.

Opposition leader, Belden Namah has also shown interest in the proceedings.

The court is expected to hear his application at 12:30 when it resumes.

Speaker's Pandemic Act challenge dismissed

The Speaker of Parliament Job Pomat in his application stated that under Section 110 (1) of the Constitution, the Speaker is obliged to certify under the National Seal in accordance with the Standing Orders of the Parliament that a law has been made by Parliament.

Pomat argued that under the Standing Order 221 of the Parliament, ‘every act made by the Parliament shall be presented to the Speaker for certification under the National Seal, having been first certified by the signature of the Clerk as having been passed by the Parliament.