Supreme Court

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.

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