Supreme Court

The case which originated from events some 17 years ago took another twist today when the High Court upheld Maladina’s appeal after he demonstrated that the trial judge fell into a series of fundamental errors of law and fact when he (Judge) found him guilty.

Deputy Chief Justice Sir Gibbs Salika on June 21 last year found Maladina guilty for conspiring to defraud NPF and the state of K2.65 million.  He was also found guilty to misappropriating the said amount.

A consented stay was ordered by the Supreme Court today after lawyers representing Yama Securities and NCDC returned to court this afternoon.

The matter came before Chief Justice Sir Salamo Injia yesterday (Friday) where a hearing date was fixed for April 26.

The Prime Minister’s lawyer from Twivey Lawyers, Desmond Kipa told the court they have amended the slip rule application that they filed on April 7 as they will also be seeking interim orders.

Kipa informed the court that the application book was not ready as copies of court transcripts from March 22, the day when submissions were made in court and April 5, day the decision was delivered in court, were yet to be obtained.

The application sought by Pala was to stay two proceeding filed in the Supreme Court and one in the National Court.

Counsel representing Pala from Manase lawyers, David Levi, moved the application before Justices Derek Hartshorn, Don Sawong, Collin Makail, Terrence Higgins and Stephen Kassman.

The three cases that he asked the court to stay was SCA 87/2015, the appeal before the Supreme Court by Finance Minister James Marape that arose from the Paul Paraka bills and cost taxation case.

The matter has been set to be heard on March 22 and 23 by a three-man Supreme Court bench consisting of Justices Derek Hartshorn, Collin Makail and Don Sawong.

The date was set today after the sixth respondent, Matthew Damaru the Director of  the National Fraud and Anti-Corruption directorate told the court they want the substantive appeal heard as soon as possible as the matter has been going on for close to two years now.  

The Supreme Court this afternoon allowed a temporary stay of the judicial review which was set to take place on March 3 at the National Court.

This is the case of the Judicial Review Proceeding that was filed by former Police Commissioner Geoffrey Vaki against Chief Magistrate Nerrie Eliakim over the manner in which the District Court issued the arrest warrant for Prime Minister Peter O’Neill.

The judicial review proceeding filed in 2014 seeks to quash the order of the District Court when it issued the arrest warrant against PM O’Neill.

PM’s lawyer seek stay of trial

Lawyers representing Prime Minister Peter O’Neill yesterday moved another application before the Supreme Court seeking to temporary stay the judicial review into the validity of his warrant of arrest.

http://www.looppng.com/content/pm%E2%80%99s-lawyer-seek-stay-trial

PM’s lawyers appeal against joiner in High Court

The application was moved by Mal Varitimos in court today before Justice Sir Bernard Sakora, one day after a trial date was set at the National Court for the Judicial Review into the manner in which the warrant against the Prime Minister was obtained from the District Court in 2014.

The trial date at the National Court was set for March 3.

Director of the National Fraud and Anti-Corruption Directorate Matthew Damaru and his deputy Director Timothy Gitua were allowed joiner in the proceeding by Justice Collin Makail on Dec 7,2015.

A three judge Supreme Court bench consisting of Justices Collin Makail, Derek Hartshorn and Hitalai Polume granted the appeal of Sr. Christine Gawi against Justice David Canning’s decision on August 2015 at the Madang National Court.

The Supreme Court today quashed the decision of the Madang National Court however it ordered Sr. Gawi to pay a  fine of  K5, 000.

Gawi was found guilty by the National Court for contempt of court for disobeying an order of the National Court, dated  January 22, 2014.

Sitting as a single Supreme Court Judge in the matter today, Justice Collin Makail refused an application filed by the State and Commissioner Baki.

The application seeks leave to appeal the decisions of the National Court handed down on Oct 30, 2015 by acting Judge Leka Nablu (then) in two proceedings when she allowed leave for a judicial review to be conducted into the manner in which senior cops Thomas Eluh and Timothy Gitua were terminated.