national court

Court refuses to interrupt SHP counting

Candidate Joseph Kobol filed an urgent application on July 13 seeking interim injunction to stop returning officer Jacob Kurap from performing the duties and function of a Provincial Returning Officer.

Lawyer representing Kobol said the appointment of Kurap as provincial returning officer is not created by law under section 19 of the Organic Law on National and Local Level Government Elections (OLNLLGE).

Motions on election matters withdrawn

The first was filed on July 8 by a candidate in the Southern Highlands regional seat, Sylvester Harry Komba, against Electoral Commissioner Patilias Gamato.

The matter was filed in relation to counting of certain disputed ballot boxes from the Nipa-Kutubu area.

Komba’s lawyer appeared before Justice Collin Makail today and said he will no longer be asking the court for interim orders but wait for the substantive matter, which is related to the issue of polling on Sunday.

NCD candidates take counting to court

Andy Bawa, Jamie Maxtone-Graham, Michael Kandiu, Robert Agen, James Melegepa, Tom Watinga, Steven Kilage, Brian Pulume, Noel Anjo, Francis Tanga, Jamuga Stone and Bonny Igime, as candidates, filed the urgent application against NCD Election Manager Alwyn Jimmy and Electoral Commissioner Patilias Gamato.

The matter came before Justice Collin Makail today but was adjourned to Thursday after their lawyer asked for an adjournment.

Court refuses restraining orders sought by Asi

His lawyer went before the court on July 12, asking the court to stay his suspension, reinstate him to his position and restrain the NEC from taking any further disciplinary actions against him, including the revocation of his appointment.

Justice Leka Nablu today refused the orders, saying the interim reliefs he is seeking from the court are those he would seek in the final determination of the review.

She refused the application for stay and interim orders in the overall interest of justice.

Asi was suspended on February 9 and vacated office on February 16.

Three convicted over funds misuse

The former director of the National Library and Archives, Jacob Hevelawa, his wife Miriam Hevelawa, and the former corporate service manager of the National Library and Archives, Timothy Numara, were found guilty on Friday for conspiring with each other to misappropriate K118,846.30 last year.

The three were arrested and charged in January 2016 with one count each of abuse of office, dishonestly applying K118,846.30 and conspiring to defraud the state of the said amount.

Fraud trial: Lodge owner gives evidence

Mose Kopyoto owns Kopyoto Investments Ltd, the company that runs Lodge 10 in Port Moresby.

In 2015, four men received services from his lodge upon presentation of fake cheques, defrauding him of cash while pretending to be employees of the Department of National Planning.

Three of those four men are now standing trial at the National Court.

Nelson Aila of Goimga village, Malalaua District, Gulf Province, Murray Willie of Warakum in the Western Highlands Province and their co-accused, Simon Nokue, are currently standing trial in court.

Bopi joins Morola’s suspension review case

George Bopi was allowed joinder in the case after his lawyer, Nicholas Tame, asked the court to be joined in the judicial review proceeding as the third defendant.

Justice Collin Makail, in granting the joinder, directed all parties to file and serve affidavits they intend to rely on in the trial by June 29.

The case will return to court on July 3 for further directions.

Secretary Morola was suspended last month over serious allegations levelled against her relating to the process of issuing work permits to foreigners.

State withdraws charge against Twivey

This comes after a Public prosecutor presented a notice of withdrawal on the charge that was laid against her.

The notice of nolle prosequi, dated June 19, was presented in court this afternoon before trial judge and Deputy Chief Justice, Sir Gibbs Salika.

This now means that the trial will not go ahead at this stage. The court ordered a refund of her bail of K1000 and discharged the allegations against her.

Twivey was to stand trial on one count of perverting the course of justice in 2015. She was arrested and charged on April 11, 2016.

Lands Dept restrained from dealing with land

 This includes the Minister for Lands Benny Allan, his secretary, their servants and agents.

The National Court will be judicially reviewing the forfeiture of land known as portion 2747, land located along the PNG LNG Project area.

This comes after Laba Holdings Limited, the landowner company that represents the four villages of Porebada, Boera, Papa and Lealea, filed a motion in court seeking interim orders and Judicial Review.

Justice Leka Nablu issued the restraining orders this morning after she allowed for a judicial review to be carried out.

Chief Justice visits Bereina station

His visit today to Bereina was the first for a local Chief Justice after the last expatriate head of the Judiciary visited the area some 43 years ago.

For the locals there, it was history for them to have the country's Chief Justice visits their district as he has not visited any other districts in the Central province. 

Sir Salamo's visit was to inspect the area where the current court facility sits and for planning to go ahead in upgrading the facility.