Supreme Court

While this matter was filed on May 24 waiting to go before court, other candidates and their supporters took issues into their own hands on Wednesday and disrupted flights into the Kagamuga airport by sitting and protesting on the tarmac.

Air Niugini this morning resumed flights into Mt Hagen after Police managed to get the supporters out.

James Yoka Ekip and Simon Sanagke filed an appeal in the Supreme Court, and today asked the court through their lawyer to stay the decision of the National Court, dated 4 May, which refused an application they had earlier filed.    

“Their matter is in the Supreme Court and is expected back in court on Thursday,” Gamato told Loop PNG, referring to the action by candidates and supporters disrupting flights into the Western Highlands capital this afternoon.     

“These are the same people who filed the case against me and are now taking the law into their own hands to close the Kagamuga Airport.”

A passenger who travelled from neighbouring Southern Highlands Province, Brian Waffi confirmed with Loop PNG that the candidates and their supporters were sitting on the tarmac and protesting.

They filed a slip rule application alleging a slip, or error, was made by a three-man Supreme Court bench on April 27. This was when the court dismissed their appeal against conviction and sentence.

They returned to court today with their lawyer for directions in the Supreme Court. Their matter was adjourned to June 29.

Their lawyer will seek leave of the court to revisit the appeal the full court had earlier dismissed. If leave is granted and the application allowed, the court will reopen the appeal.

That appeal will go for hearing on June 27 at 9:30am at Waigani.

 Captains Joseph Kumasi, Boris Ageda, Vincent Tongia, Benjamin Lopa, Norman Daniel, and first officers Elijah Yuangi, David Seken and Abel Kanego are challenging their termination from Air Niugini last September.

The Supreme Court on March 23 granted interim relief to the pilots, which stayed their termination as well as eviction from Air Niugini’s accommodation.

Chief Justice Sir Salamo Injia allowed or granted leave for their appeal to be heard by the full court.

This is before a hearing date can be set by the court.

Moses Murray, who is acting for the eight; Captains Joseph Kumasi, Boris Ageda, Vincent Tongia, Benjamin Lopa, Norman Daniel, and first officers Elijah Yuangi, David Seken and Abel Kanego asked the court for an extension on Monday to compile outstanding 108 volumes of the appeal books they will rely on in the case.

A total of 144 volumes will be compiled in the appeal books; that’s three volumes for each of the eight pilot’s case.  

It was an anxious wait for Wobiro, Dr Modowa Gumoi,  Norman May and their families who turned up in numbers to the Waigani National Court precinct.

On standby at the airport was a chartered jet that would fly him to Kiunga, if the court had ruled in his favour.

The decision of the three-man Supreme Court bench however went against them.  The bench by majority dismissed his appeal against conviction and sentence.

Chief Justice Sir Salamo Injia this afternoon stayed the decision of the Leadership Tribunal on May 1, 2015 that recommended his dismissal from office, following the tribunal’s finding of guilt on him on March 20, 2015.

He ordered that the state and Electoral Commission including its officers or agents, permit Ronny Knight to nominate to contest the elections.

In light of this decision, Loop PNG was informed by Knight that he will be nominating tomorrow.

Electoral Commissioner Patilias Gamato also confirmed with this newsroom that Knight can nominate to contest.

 A three-man Supreme Court bench this morning allowed the withdrawal of the appeal after leave was sought in the court by Sam Koim in his capacity as Chairman of the Investigation Task Force Sweep team.

This now means that the stay that was issued by the Supreme Court in February, allowing the work of the Task Force Sweep team to continue, while the Supreme Court deals with the appeal is discharged.

Koim asked the court this morning to allow him to withdraw the appeal which was filed challenging the decision of a Judicial Review in the National Court.

In two separate Supreme Court appeals that were filed by Yagama and Yama against their conviction and sentence, two different Supreme Court bench upheld their appeal, quashing the sentence on Tuesday.

On 31 January 2014, Justice David Cannings of the Madang National Court sentenced Yagama to nine months in prison while Yama was given six months for contempt of court after they failed to control their supporters who incited violence in the precinct of the Madang National court on 3 September 2013.

The appeal is listed for today and will be heard by Chief Justice Sir Salamo Injia after lunch.

His lawyers filed the appeal on April 22. An urgent application will be moved seeking stay of the Leadership Tribunal’s decision dated May 1, 2015.

Respondents listed in the appeal are members of the Leadership Tribunal; Justice Salatiel Lenalia (as Chairman) and their Senior Magistrate Ignatius Kurei  and Senior Magistrate Rosie Johnson and the State.