Supreme Court

The adjournment was sought by lawyers representing the Speaker and Clerk of Parliament, because they were unable to get instructions from the Speaker, who is said to be in his electorate.

The Opposition, although not a party in the Supreme Court Reference, also appeared through their lawyer Justin Wohuinangu, on instructions from Opposition Leader Patrick Pruaitch and Shadow Attorney General Kerenga Kua.

The Opposition is not a party because earlier, their application seeking to join in the Attorney General’s Supreme Court Reference was refused by the court.

The Electoral Commission has been stayed from issuing the LLG writs and conducting the elections until the question referred to the Supreme Court, regarding the delay in the 2012 and 2017 LLG elections, are determined.  

The ruling was handed down in court an hour after Minister for Inter-Government Relations, Kevin Isifu, officially signed the writs for the LLG elections today in Port Moresby.

Nominations and campaign were to commence at 4pm today.

The special Supreme Court reference went for directions hearing today before Chief Justice Sir Gibbs Salika.

Any parties interested in joining or intervening in the Special Supreme Court reference have until 21 March to file their respective applications, seeking to join in the reference.

Lawyers acting for the Speaker of Parliament, Clark of Parliament and Leader of the Opposition, Patrick Pruaitch, appeared in court today, along with councils representing the referrer of special Supreme Court reference, Attorney General Steven Davis.

The Supreme Court delivered its ruling today, putting the trial, which was scheduled to commence on 14 January on halt, while it reviews the decision by the National Court, which allowed one ground in the petition to go for trial.

Leave to review the National Court’s decision was granted by the Chief Justice, who sat as a single Supreme Court judge, last month.

Ben Lomai, who acts for the 730 applicants, said his clients now have two options, either to file a case in the National Court seeking damages or file a slip rule application.

They believe the Supreme Court made an error.

The group of refugees and asylum seekers, led by Behrouz Boochani on 7 November, 2016, filed an application for the enforcement of their constitutional rights (section 57 of the Constitution) and unlawful transfer and detention in Manus, after the Supreme Court ruled on 26 April, 2016, that their detention since 2013 was unlawful.

A five man Supreme Court bench quashed the death sentence against Lota today and substituted it with life in prison.

The court found the trial judges’ sentence was excessive.

Sedoki Lota of Salakahadi village Ferguson island, was 22 years old when he was sentenced to death by hanging on October 1 2007, by the Alotau National Court.

He pleaded guilty to killing a Marcia Kedarossi of Nade village; a woman he had suspected of killing 19 people through sorcery.

Lota was hired for K1,500, two bagis, a traditional arm band and shell money.

The Supreme Court refused and dismissed an application by Joseph Kobol, seeking leave or asking the court to review the dismissal of his petition in the National Court on June 14 after it was found to be incompetent.

This was the petition that sparked the mayhem in Mendi, which saw the burning of a Link PNG aircraft, the court house and Governor Powi’s residence among others.

Justice Derek Hartshorn, sitting as a single Supreme Court judge on July 9, heard arguments in the leave application that was moved by Kobol’s lawyer Philip Waranaki.

The application was filed on 16 March by Twivey lawyers, who represent Prime Minister Peter O’Neill.

It stems from the contempt motions the PM filed against five members of the Opposition; Kerenga Kua, Patrick Pruaitch, Sir Mekere Morauta, Bryan Kramer and Belden Namah.

Namah is said to have been evading personal serve of the contempt motion that the Prime Minister filed against him.

It is a requirement to effect personal service on alleged contemnors. Substitute service in the daily newspapers is also available in events personal service cannot be effected.  

Following the passage of the death penalty by parliament in 2013, the criminal justice system has imposed the penalty on serious criminal offences.

However, the sentence imposed by the courts in various serious criminal cases have not been carried out because of the procedures involved in executing the death penalty.

The trial will see Bryan Kramer, Sir Mekere Morauta, Patrick Pruaitch and Kerenga Kua answer to allegations of contempt that are being raised by Prime Minister Peter O’Neill regarding issues that were before the courts.

Twivey Lawyers today informed the Supreme Court there are seven distinct allegations leveled against each MP.

Only Vanimo-Green MP, Belden Namah, is yet to be served the contempt motion.