Supreme Court

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.

The ruling came on a request filed by investigators Sept. 11 who said they wanted to question Silva about possible involvement in the scheme. Under Brazilian law, all federal politicians and some at other levels can be investigated only if the Supreme Court approves the inquiry.

His lawyers filed the appeal application last week after he was convicted for conspiracy and the misappropriation of K2.65 million on May 21.

He was sentenced to two years in prison with a fully suspended jail term and placed on two years good behavor bond by the Deputy Chief Justice Sir Gibbs Salika on August 14.

Maladina's lawyers told Justice Stephen Kassman this morning (September 21) that the appeal was filed and an appeal book also served to the Public Prosecutors office.

Speaking to reporters outside the Court house, Kavo said it has been a long 5 year battle and wait for his people, supporters and family.

He said today’s decision was in the best interest of his province and with the court battle over he can now concentrate on the development of the next big LNG project that will be hosted in his province.

He said the legal battle cost the state a lot of money.

 And he issued a call to police to do their job without compromise.

In a sharply divided 4-3 ruling, the court declared the death penalty violates the state's constitution, "no longer comports with contemporary standards of decency and no longer serves any legitimate penological purpose."

Chief Justice Sir Salamo Injia who is sitting as a single Supreme Court judge refused and dismissed Maladina’s application today.

The bid was for an interim order to stay the criminal proceedings in the National Court pending determination of an appeal against his conviction.

Leave was granted on July 5 to appeal against his conviction on the ground that the trial judge convicted the prisoner who is out on bail on circumstantial or indirect evidence before his court.