Twivey Lawyers

Twivey Lawyers, acting for the Attorney General, Steven Davis, filed the Special Reference on December 3, 2018.

The special reference seeks the Court’s interpretation whether the nominated Prime Minister must be from a party with most numbers and whether the vote of no confidence is justiciable with the process and procedures of Parliament and its committees.

This came about from a Supreme Court reference of November 2015 by then Opposition leader Don Polye and the Supreme Court ruling of July 2016.

The application was filed on 16 March by Twivey lawyers, who represent Prime Minister Peter O’Neill.

It stems from the contempt motions the PM filed against five members of the Opposition; Kerenga Kua, Patrick Pruaitch, Sir Mekere Morauta, Bryan Kramer and Belden Namah.

Namah is said to have been evading personal serve of the contempt motion that the Prime Minister filed against him.

It is a requirement to effect personal service on alleged contemnors. Substitute service in the daily newspapers is also available in events personal service cannot be effected.  

Jerome Sioni of Twivey Lawyers today informed the Supreme Court they have had unsuccessful attempts to effect personal service on Namah since December last year.

Four other opposition MPs; Bryan Kramer, Sir Mekere Morauta, Patrick Pruaitch and Kerenga Kua, have been served.

Sioni asked the court for another 14 days to have the court documents served on Namah.

Chief Justice Sir Salamo Injia allowed the 14-day adjournment. The case is to return to court on February 19.

In this motion, Prime Minister O’Neill is asking the court to charge the MPs for contempt.