Supreme Court

Lomai said he filed the new enforcement of human rights application (section 57 of the Constitution) today at the Supreme Court.

“We have filed for 731 applicants so far. There are still some that we have yet to include. These are the ones living in Australia and those that have returned back to their country of origin. We might be looking at 900 plus eventually,” he told Loop PNG.

He said the state was also served notice of the new application that was filed today.

Lawyers representing the National Capital District Commission, the Speaker of Parliament and the people of the Mekeo-Kuni LLG in the Kairuku-Hiri District returned to court today to make final submissions on the facts the full court should look into.

Justice Allan David who heard the submission in the trial which he conducted to settle those disputed facts reserved his findings today.

He said he will consult with the Chief Justice and see which way the case goes before it returns for directions hearing where a date can be fixed for the actual hearing of the reference.

Kange’s lawyers went before a three-judge Supreme Court bench last Wednesday, Oct 26 and asked the court for bail after the same court had refused a previous application in Sept.

The National Court has also refused two of his bail applications. He asked the court last week to release him on bail pleading he is at risk of being attacked by other prisoners after open threats were made to him.

He also stated in his affidavit that the threats started while he was kept at the Waigani Police station holding cell.

This application was moved by Polye’s lawyer, Loani Henao before a three-man Supreme Court bench, asking the court to allow a Constitutional application to be heard saying he has standing or rights as an MP and citizen to bring such applications.

Henao made submissions before the court today saying Polye has sufficient interest in bringing such applications which raises significant constitutional issues.

Kange has been remanded at Bomana since September and is now pleading that he is at risk of being attacked by other prisoners.

He went before a three-man Supreme Court bench today with his lawyer from Young and Williams, Greg Sheppard.

A decision on that bail application has been reserved to a later date.

Sheppard told the court that threats have been issued against Kange by other remandees at Bomana which Correction service officers are aware.

This is the special reference that was referred to the Supreme Court by Justice Catherine Davani on Jan 28, 2015 over certain constitutional questions surrounding the alleged improper borrowing of K3 billion loan from the Union Bank of Switzerland AG by the Government.

A total of 11 questions were referred to the Supreme Court for interpretation.

Chief Justice Sir Salamo Injia allowed a final adjournment to Thursday and told parties to get all necessary documents in order before they return to court.

Parties in the case appeared before him to settle the index book, which will be used in the appeal hearing. However, certain court documents were not in the index books.

“I am a busy person and I want things done quickly. We need to get the appeal books ready to be heard in the October sitting,” Sir Salamo said.

With the new accommodation arrangement taking effect today (Oct 4) at the Manus Regional Processing Centre, Mike Compound at the Lombrum centre will accommodate those who have non-refugees status and have received a deportation order.

But Lomai, who represents over 600 detainees at the centre, says unless that injunctive order stopping deportation is varied, “no asylum seekers should be forced to return back to his country of origin”.

 This is in the case Opposition Leader Don Polye re-filed, challenging the legality of the government’s decision to acquire the K3 billion from the Union Bank of Switzerland.

Polye’s lawyer, Loani Henao, appeared before Chief Justice Sir Salamo Injia today for directions.

The Court was told the appeal books that would be used in the case had not been filed yet.

Sir Salamo issued directions for parties to compile the application books before the court hears arguments on whether Polye can bring such application before the Supreme Court.

The PNG Immigration has released new accommodation arrangements for the transferees which will see them separated in compounds according to their processing status come Oct 4.

Loop PNG confirmed with a transferee at the Manus centre that they were made aware of the new accommodation arrangements on Tuesday this week.

“All processing will end soon. Once the Minister decides your refugee status, there is no reason for you to remain in this centre,” the Communication guide released by PNG Immigration to those at the center stated.