Supreme Court

Potape’s leave application successful

The Supreme Court this afternoon granted him leave to proceed with the review of the National Court decision that dismissed his election petition.

The petition was dismissed on grounds of competency.

He was challenging Philip Undialu’s win as the Hela Governor.

Chief Justice Sir Salamo Injia granted the leave on grounds that there are very serious allegations in the case that only a proper trial will need to address.

(Loop file pic)

EC powers questioned

The reference looks at what kind of powers the Electoral Commissioner has.

Filed by the Ombudsman Commission in July last year, the Supreme Court wants the reference to be heard quickly and has issued directions to the commission to comply with before February 14.

Chief Justice Sir Salamo Injia today endorsed draft index to the reference books and proposed answers to the reference questions that were drafted by the Ombudsman Commission. This including the statement of facts from the Commission.

About 15 questions were proposed to the Supreme Court to interpret.

Yangoru-Saussia: Waranaka’s application dismissed

A single-man Supreme Court bench dismissed the application by Waranaka, who sought leave to review an interlocutory decision and exercise of discretion of the National Court to allow the affidavits and competency applications of Maru and the Electoral Commission to go through.

The election petition before Justice Collin Makail is ready to go for trial in Wewak starting August 2018 and ending in September.

However, Waranaka filed an application to dismiss the affidavits and objections to competencies as being filed within time but served out of time.

OC welcomes court ruling

Chief Ombudsman Michael Dick said the decision reiterates its position as an institution that will protect the constitution and promote good governance.

The reference was purposely to look at the constitutionality of the 2006 amendments to section 27(4) of the Organic Law on the Duties and Responsibilities of Leadership, relating to changes in the rules of evidence in a leadership tribunal.  

Leader’s suspension effective on charge presentation

A five-man Supreme Court bench by majority clarified this through a special reference that was filed by the Ombudsman Commission.

The reference sought interpretation over the issue of leaders’ suspension from office once a leader’s conduct becomes subject to a Leadership Tribunal proceeding.

The commission sought clarification from the Supreme Court based from three conflicting Supreme Court decisions on the issue.

Refugees' claim against state stays

A three-man Supreme Court bench refused and dismissed an application by the state, which asked the court to dismiss the claim, alleging it was filed outside the required six month period.

On November 4, 2016, the 731 applicants gave the state notice of their intention to make a claim against it, pursuant to section 5 of the Claims By and Against the State Act 1996.

PM’s arrest warrant quashed

A three-man Supreme Court bench today unanimously found the warrant defective and the District Court's decision to issue it as well.

The court found that lack of care was applied by the District Court in issuing the warrant.

There was no information put on the form to get a warrant. The date on which the information was laid was blank. Even the word 'Independent' was spelt wrong on the form.

The court further found that the wrong form was used in applying for the warrant.

Supreme Court allows prisoner bail

Guli is serving two years jail term at Kundiawa after he was found guilty with two other of misappropriating K473, 575. They misappropriated the monies between July and September 2010.

He was convicted after trial on 11 August and sentenced to jail on 17 August 2017.

He filed an appeal in the Supreme Court, also seeking bail pending that appeal.

His lawyer, Philip Ame asked the Supreme Court for bail on grounds Guli has a high prospect of success in his appeal, and that he will unjustly continue serving time in jail.

3 Kerevat prisoners to be hung

The three were convicted and sentenced over the cold blooded murder of eight people on 26 September 2007, between the waters of Namatanai and Kokopo.

Three of the five-man Supreme Court bench dismissed the appeals against conviction and sentence that were filed by prisoners Botchia Hagena of Urkuk, Duke of York islands, Peter Taul and Tobung Paraide of Pilapila village, East New Britain Province.

They were sentenced to death by hanging on 14 July 2011 by the Kokopo National Court. They were convicted after trial.  

Kaupa goes to Supreme Court regarding petition

His lawyer, John Napu, will be seeking leave of the court today to review the decision of November 16, which allowed the petition to stay alive in the Court of Disputed Returns.

Kaupa filed a motion on Oct 18 seeking dismissal of the entire proceeding, claiming the petition was filed one day late.

The National Court ruled the petition was filed within the 40-day period after the declaration date and was on time.

The court said the public holiday on August 24 (National Repentance Day) does not affect the calculation as the petition was filed on the 40th day.