Supreme Court

Court concludes special reference hearing on Leadership Tribunal

A full Supreme Court Bench responded to six questions referred by Justice Collin Makail and five questions referred by the Attorney General and Justice David Cannings, in matters concerning Prime Minister Peter O’Neil’s referral by the Ombudsman Commission over the UBS loan.

Vaki’s contempt case proceeds to hearing

This comes after the court on Aug 16 agreed with an earlier Supreme Court decision that two parties in the respective cases require the approval of the Attorney General to engage private lawyers to represent them.

The cases are SCA 7/2016, an appeal that originates from OS JR 485 of 2014, the judicial review into the PM’s arrest warrant issue and the case involving the former Police Commissioner, Geoffrey Vaki, challenging his conviction and sentencing last year for contempt of court.

This week in court – review

One significant case that got dismissed by the Supreme Court this week was the one involving the PNG Sustainable Development Program (PNGSDP).

The case got dismissed today (Friday) after Sir Mekere Morauta filed an application challenging the government’s decision to acquire shares belonging to the PNGSDP.

The court found that Sir Mekere did not have standing to bring such applications in court as a private citizen, and the correct party that should be in a court of law seeking relief in the application should the company, SDP, and not its chairman, Sir Mekere.

Sir Mekere has no standing in PNGSDP case, says Court

The court found that Sir Mekere did not have standing to bring such applications in court as a private citizen, describing it as an incompetent application and an abuse of the process of the court.

The correct party that should be in a court of law seeking relief in the application should be the company, SDP, and not its chairman, Sir Mekere.

The three-man Supreme Court bench found that Sir Mekere, a well-known Papua New Guinean, was being used to come to court in this case for the benefit of a foreign registered company – the PNG Sustainable Development Program.

Court: AG’s approval necessary for lawyer’s engagement

This is while they are acting in their capacity as police officers.

A three-man Supreme Court bench handed down its decision today after lawyers representing the Prime Minster, the state, and Police Commissioner raised an objection on whether Matthew Damaru and Timothy Gitua are able to engage lawyers to act for them in the case without the approval of the Attorney General.

This is case SCA 7/2016. It is an appeal that originates from OS JR 485 of 2014, the judicial review into the PM’s arrest warrant issue.  

Court transcripts needed in Kandep trial

Parties in the trial appeared before Justices Allan David, Jacinta Murray and Frazer Pitpit for hearing however could not proceed further as the consolidated review books did not contain a court transcript.

The court issued direction to the Court reporting services to produce that transcript by Friday this week so it can be filed in the review books. The matter returned to court on Aug 23.

The consolidated Election Petition Reviews were filed by political rivals, Don Polye and Alfred Luke Manase. Both contested for the Kandep open seat in the 2012 General Elections.

Kange seeks bail in Supreme Court

Lawyer and businessman Felix Kange will go before a three man Supreme Court Bench on September 1 for his bail application.

He was arrested and charged for one count of murder and one count of escaping lawful custody. It is alleged he shot his wife, the late Regina Morove on the night of May 14 at their family residence at Garden hills. An act he claims to be an accident.

The bail application date was fixed today during a Supreme Court hearing. Kange has been refused bail twice at the National Court.

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).

Nepo appeal date fixed

Nepo’s appeal is against the decision of the National Court on May 5, which quashed his appointment as acting Commissioner and reinstating Michael Waipo as Correctional Service Commissioner.

Justices George Manuhu, Allan David and Hitelai Polume-Kiele will hear the appeal on August 19.

Chief Justice Sir Salamo Injia in issuing directions regarding the matter ordered parties to fix the appeal book before the fixed hearing date.

They were also ordered to file arguments before August 19.

Pala calls on Baki to instill discipline

In receiving the court decision today, Pala said he is humbled at the decision of the Supreme Court which found that the warrant issued for his arrest from June 2014 was defective.

A three-man Supreme Court bench today declared that warrant void and of no effect, quashing his committal court proceeding that stems from that warrant. The warrant was taken out by Director of Fraud and Anti-Corruption Directorate Matthew Damaru at the District Court.