Supreme Court

Parties disagree to documents in index books

This is the special reference that was referred to the Supreme Court by Justice Catherine Davani on Jan 28, 2015 over certain constitutional questions surrounding the alleged improper borrowing of K3 billion loan from the Union Bank of Switzerland AG by the Government.

A total of 11 questions were referred to the Supreme Court for interpretation.

Last adjournment for Akunai case

Chief Justice Sir Salamo Injia allowed a final adjournment to Thursday and told parties to get all necessary documents in order before they return to court.

Parties in the case appeared before him to settle the index book, which will be used in the appeal hearing. However, certain court documents were not in the index books.

“I am a busy person and I want things done quickly. We need to get the appeal books ready to be heard in the October sitting,” Sir Salamo said.

Supreme Court order against refugees’ deportation still active

With the new accommodation arrangement taking effect today (Oct 4) at the Manus Regional Processing Centre, Mike Compound at the Lombrum centre will accommodate those who have non-refugees status and have received a deportation order.

But Lomai, who represents over 600 detainees at the centre, says unless that injunctive order stopping deportation is varied, “no asylum seekers should be forced to return back to his country of origin”.

Date to hear Polye’s standing in UBS case to be set

 This is in the case Opposition Leader Don Polye re-filed, challenging the legality of the government’s decision to acquire the K3 billion from the Union Bank of Switzerland.

Polye’s lawyer, Loani Henao, appeared before Chief Justice Sir Salamo Injia today for directions.

The Court was told the appeal books that would be used in the case had not been filed yet.

Sir Salamo issued directions for parties to compile the application books before the court hears arguments on whether Polye can bring such application before the Supreme Court.

New accommodation arrangements for refugees

The PNG Immigration has released new accommodation arrangements for the transferees which will see them separated in compounds according to their processing status come Oct 4.

Loop PNG confirmed with a transferee at the Manus centre that they were made aware of the new accommodation arrangements on Tuesday this week.

“All processing will end soon. Once the Minister decides your refugee status, there is no reason for you to remain in this centre,” the Communication guide released by PNG Immigration to those at the center stated.

Court sets aside cops' joinder in PM’s warrant case

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.

Court refuses to stay re-count

The Supreme Court today refused to allow a Slip Rule application that was filed by sitting Kandep MP, Don Polye to proceed to a hearing.

Polye filed the slip rule application asking the court to revisit its decision of Sept 6, alleging the court fell into error when it issued an order for a re-count.

On May 2, the National Court ordered a count of 5 disputed ballot boxes from the areas of  Lungutenges No.1, Kombros No.1, Kambia No. 1, Maru and Imipaka however the Full court on Sept 6 varied that order, and told the Electoral Commission to conduct a re-count in 30 days.

Judge: I have no jurisdiction to stay recount

Justice Stephen Kassman this afternoon said he does not have jurisdiction to hear the stay application filed by Don Polye on Sept 15, seeking to stay the re-count of ballot boxes in the Kandep Open seat.

Following the ruling on Sept 6, Polye filed a slip rule application asking the court to re-visit its decision, alleging that the full bench made an error on Sept 6 by ordering a re-count.

He also went before Justice Kassman on Sunday in a special fixture Supreme Court sitting, asking the court to stay that recount.

Parties told to file statements in UBS Reference

Lawyers representing the Ombudsman Commission, Prime Minister Peter O'Neill, the Attorney General and the State appeared before the Supreme Court today and were directed to file statements within the next two weeks that will be used in the case hearing.

Former Chief Ombudsman Rigo Lua and former Acting Chief Ombudsman Phoebe Sangetari are also parties in this case as interveners.

They were all directed to return to court on Oct 3 where the draft index book is expected to be settled before a hearing date for the Supreme Court Special Reference is set.

Supreme Court orders re-count of ballot boxes for Kandep

Justices Allen David, Jacinta Murray and Frazer Pitpit in a unanimous decision upheld the two separate Supreme Court Election Petition Reviews that were filed by Don Polye and Alfred Luke Manase.

The three-judge Supreme Court bench quashed order 1 of the National Court Election Petition that set aside Polye’s election as member elect for Kandep.  

The Supreme Court also ordered the Electoral Commission to conduct a re-count of the ballot papers within the next 30 days.