national court

The decision was made on June 8th and will return to court on July 7th for further directions. 

This case follows the decision by the Minister for Environment, Conservation and Climate Change, Simon Kilepa, to cancel Adventure Kokoda’s commercial tour operator’s licence on April 24th, 2023.

Kilepa is the first defendant, the second defendant is acting chief executive officer of Kokoda Track Local-Level Government Special Purposes Authority, Julius Wargirai, and the third defendant is the Kokoda Track Local-Level Government Special Purposes Authority.

Pariwa through his lawyer, Martin Kombri, wanted to dismiss the petition alleging grounds of abuse of process.

The application was filed arguing that the election petition Rules and the Organic Law were breached when the petition was prepared by the lawyers assisting the petitioner and not by the petitioner (Mr Yama) himself.

A similar application was earlier filed by Pariwa as well raising series of allegations against Yama’s lawyer Ben Lomai of Lomai Attorney but the application was dismissed.

Justice Theresa Berrigan, when handing down the decision said the matter was of public interest and involves serious allegations of fraud against the former Madang MP, Alois Kingsley.

She said the matter must proceed for trial.

Kingsley was charged with forgery, uttering and stealing on February 24^th, 2020 and was committed on June 6^th 2022 to stand trial in the National Court.

The alleged crime took place between 1997 and 1998.

John Mondiai, of Kerowagi in Simbu Province, was at the Nine-Mile Bridge in Morobe Province, on Friday, December 17th, 2021, between 12pm and 1pm, when he saw the 14-year-old walking across a field to her house.

He allegedly covered her mouth with his hands before dragging her to his brother’s house, where he sexually assaulted her.

He threatened to kill the girl if she ever told her parents so she did not say anything.

On January 28th, 2022, Mondiai’s wife acted on information received and told the girl’s parents.

The decision was handed down on today, 16 August at the Waigani National Court house.

Yama alleges that police do not have the powers to interfere or carry out any electoral function during the entire election process.

Justice Joseph Yagi in his decision said, “The facts deposed by Yama in his affidavit much of which are hearsay, are mere opinions and assumptions.

“A restraining order, if granted will result in halting a very significant constitutional process,” he added.

Justice Joseph Yagi requested the court to assist in this matter following a leave application put forward by candidate Francis Potape seeking review of the decision by the Electoral Commission appointing John Tipa as the Hela Provincial Returning Officer.

Following the Supreme Court Judgement recently clarifying that ex-convicts are not allowed to contest any elections, Justice Yagi said, “There is no way I can avoid this judgment and that the applicant may fall under this category.”

Magistrate Ben Kome on Wednesday 11 January, told the Committal Court that there is enough evidence to commit Duban to the higher court for three counts of misappropriation and one count of conspiracy.

Duban`s lawyer Bradley Wak said he will appeal against the decision on his client’s behalf, because they have identified technical errors. 

The bench comprising of Deputy Chief Justice, Ambeng Kandakasi and Judges Collin Makai and Thomas Anis, last Thursday upheld an appeal filed by Solicitor General Tauvasa Tanuvasa, on behalf of the State, and commander of Beon Correctional Service Institution, against a Katherine Mal, 55.

Mal was among a group of four were convicted and sentenced to 16 years in prison in 2012.

Tanuvasa had filed the appeal against the National Court decision of Justice David Cannings dated May 8, 2017.

Acting Judge, Laura Kuvi questioned Department of Higher Education Research Science and Technology (DHERST) Manager National Online Selection System, Daniel Kereka during a trial case against sidelined DHERST Secretary Fr. Jan Czuba

Mr Kereka, who was the sixth witness, only gave opinions of the advantages and the disadvantages of the national online selection system, without providing concrete records and evidences of what his opinions were based on the case against Fr. Jan. 

The aggrieved fire fighters commenced proceedings against the PNGFS and the State in 2015 in the National Court claiming entitlements for losses suffered and damages.

The aggrieved party had wanted the National Court to find PNGFS to be in breach of two memoranda agreements dated 1994 and 2005 thus denying them their entitlements.

But the case was thrown out in 2017, when the National Court found it having no cause of action and that the proceeding was an abuse to the court process.