Supreme Court

He has filed an application seeking leave to move a slip rule application in the Supreme Court.

Kulunga filed the slip rule application four days after the Supreme Court full bench on Dec 16, 2016, dismissed his appeal against the decision of the National Court which found him guilty of contempt and sentenced him to seven months in prison.

This application was in relation to the nomination of the alternate Prime Minster in the event of a vote of no-confidence motion against any Prime Minister. It was filed by the General Secretary of the People’s National Congress party, Edward Mike Jondi.

The full court heard submissions during the last Supreme Court sitting week for 2016, and delivered its ruling mid last month.

Justice Joseph Yagi delivered the court’s ruling on behalf of his fellow brother judges, Justices Les Gavara-Nanu and Allan David.

Deputy Chief Justice Sir Gibbs Salika presiding as a single Supreme Court Judge on Thursday granted interim orders sought to Southern Highlands Governor William Powi and the Southern Highlands Provincial Health Authority.

Governor Powi and the SHPHA filed an application which was moved last Friday and granted yesterday, which stayed order on the decision of the Waigani National Court dated Nov 16. 

The application was filed because there was confusion on the legal requirements regarding the establishment of the Provincial health Authority and the Hospital Board.

A unanimous decision of the three-man Supreme Court bench was handed down today at 1.30pm, a short time after another Supreme Court bench consisting of three other judges dismissed the appeal filed by 40-year police veteran Toami Kulunga against his conviction and sentence.

While Kulunga will serve his seven months’ jail term at Bomana for contempt of court charges, Vaki is now a free man after the Supreme Court set aside his conviction and sentence, acquitting him on two charges of contempt of court.

The high court’s decision came as a huge relief to Wangillen, who spent one-year-six-months of his five-year sentence at Bomana.

Justices Nicholas Kirriwom, Terrence Higgins and Collin Makail today set aside Wangillen’s conviction and sentence, thus acquitting him of the charges of conspiracy and misappropriation of K400,000.

The court found that there was lacking evidence that he knew his co-accused in the small provincial town of Popondetta, and conspired with him to misappropriate K400,000.

Jondi’s lawyer, Emmanuel Asigau of Pacific Legal Group, today made submissions before a three-man Supreme Court bench on the issue of standing, or whether his client has the right to move such an application.

Justices Les Gavara-Nanu, Allan David and Joseph Yagi heard submissions this afternoon and reserved their ruling to a later date.

Jondi filed the application in March asking the Court to interpret section 142 (Prime Minister) section 143 (Acting Prime Minister), and 145 (Motions of no confidence) of the Constitution.

Chief Justice Sir Salamo Injia this afternoon ruled he was not persuaded that Air Niugini had an arguable case made out.

Air Niugini filed the appeal on grounds the Judicial review in the National Court is an abuse of process because Air Niugini is subject to Company Act and its decisions cannot be reviewed through a judicial review proceeding. 

The Chief Justice said the National Court judge did not make an error when he granted leave for a judicial review to be carried out against their termination.

The section 5 notice or notice of claims was served on the State and PNG Immigration in November, and the Solicitor General, who represents the State in civil claim matters, rejected the notice.

It was rejected because the new Supreme Court case filed by the 731 asylum seekers, seeking enforcement orders from the Namah Supreme Court case of April 26, was filed out of time.

This comes after a three-man Supreme Court bench handed down its unanimous decision today to dismiss 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.

Justices Nicholas Kirriwom, Don Sawong and Frazer Pitpit, in a unanimous decision, agreed with the penalty recommended by the tribunal to have Kondra dismissed from office.

The 43-year-old is from Minj, Jiwaka Province. He was arrested and charged with the willful murder of his chief aircraft engineer, 54 year old Lapan Nason from New Ireland Province on June 6 at Gorobe Street, Badili.     

His lawyers filed a bail application in the Supreme Court on Nov 8 seeking bail on the ground he has hypertension and needs urgent medical attention.

Parker’s lawyer went before Chief Justice Sir Salamo Injia this morning for the Supreme Court directions hearing where a hearing date for the bail application was fixed.