Supreme Court

Sam Koim, the appellant as chairman of ITFS, was not present in court. However, lawyers representing Prime Minister Peter O’Neill confirmed the hearing date in court yesterday during a status conference before Justice Collin Makail.

Three volumes of the appeal books were filed on March 31.

The substantive appeal, including an application to introduce fresh evidence, will be heard on April 26.

Parties were told to file their submissions by April 19.

Lawyers representing Jacob Kurap came before Justice Derek Hartshorn today with an application seeking to stay the National Court’s decision that upheld David Wakias' judicial review, reinstating him to his former position.

The court after hearing submissions on the application reserved its ruling to a later date.

The National Court on March 17 ruled that PNG Electoral Commissioner Patilias Gamato’s decision to appoint Jacob Kurap as the Southern Highlands provincial election manager on 4 Nov 2014 was illegal.

Justice Collin Makail, sitting as a single Supreme Court Judge today, directed the Speaker’s lawyer to seek instructions from his client and inform the court on this before further steps can be taken in the Reference that was filed by the Ombudsman Commission in February.

This is the reference which the OC filed seeking interpretation on whether the proposed increase of nomination fees, from K1,000 to K10,000, and the security of costs of an election petition, from K5,000 to K20,000, are constitutional.

It is also seeking the interpretation on whether strict rules of evidence should be complied with when a leader’s conduct becomes subject to a Leadership Tribunal.

The case briefly came for mention today before Supreme Court for directions.

Justice Collin Makail adjourned the matter to next week after he allowed Prime Minister Peter O’Neill and Speaker of Parliament, Theo Zurenuoc, to be joined as parties in the reference.

Supreme Court: OC has power to investigate PM

The Ombudsman Commission has the jurisdiction to investigate Prime Minister Peter O’Neill under the Organic Law on the Ombudsman Commission and make comments involving interpretation and application of constitutional laws.

http://www.looppng.com/png-news/supreme-court-oc-has-power-investigate-pm-55611

A five-man Supreme Court bench delivered its ruling on Thursday over the reference that was put to the high court for interpretation of 11 questions.

The 11 questions referred for interpretation was over the alleged improper borrowing of K3 billion from the Union Bank of Switzerland by the government to buy shares in Oil Search Ltd as well as the alleged improper tender and procurement of consultants in relation to the borrowing taken out by the government in 2013.

The Supreme Court on November 30, 2016, dismissed Kondra’s appeal because it found that the trial judge in the National Court, and the Leadership Tribunal members, made no errors in reaching their respective decisions.

Kondra and his lawyer Philip Ame filed a Slip rule application alleging the Supreme Court slipped or fell into error in the Appeal and asked the court to grant leave to revisit the appeal.

He sought leave of the court on Tuesday before Justice Frazer Pitpit and the court reserved its decision to Wednesday.

Kondra’s lawyer, Philip Ame’s argument in court was mainly on the punishment recommendation that the Chairman of the Tribunal, Justice Salatiel Lenalia made during the Tribunal hearing in 2015.

He said the Tribunal flawed by making separate decisions on the recommended penalty.

On April 27, 2015, the Leadership Tribunal found Kondra guilty to six counts of misconduct in office.

A three-man Supreme Court bench on Monday refused an application filed by 161 men who were processed in Manus and found to be non-genuine refugees.

The 161 applicants are a group from a total of 205 men who were processed and given the status as non-refugees.

These men asked the court to restrain the PNG Government, the National Executive Council and Foreign Affairs and Immigration Minister Rimbink Pato, from deporting them to their home countries pending the court’s determination of the substantive application.

The Supreme Court has refused the application by the Ombudsman Commission for an injunction that would have prevented Parliament from debating, deliberating and voting on National Election Nomination Fees and Petition Filing Fees.

O’Neill said the proposed amendments will strengthen democratic process to enable true contenders to stand for elections, and will help prevent the malicious use of the court system after elections.