Supreme Court

Court hears submissions on alternate PM issue

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.

Supreme Court dismisses PX appeal

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.

Asylum seekers pursue review against State

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.

Supreme Court dismisses Kondra’s appeal

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.

Parker to ask Supreme Court for bail

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.

Asylum seekers file new case

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.

NCDC: No evidence of some facts in ‘buai’ case

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 refused Supreme Court bail again

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.

Polye: Constitution breached in UBS loan acquisition

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 seeks bail for safety

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.