Waigani National Court

Court: Prisoners have right to balanced meals

The court found that detainees at Bomana are being provided the same food, day in, day out, consisting only of protein and staples.

It is a requirement under the section 123 of the Correctional Service Act, for prisoners and detainees at the facilities, to be fed food from the five food groups of staples, protein, fruit, vegetable and dairy. 

However what is typically served at Bomana, as provided in evidence before the Waigani National Court, is a black tea and navy biscuit for breakfast, rice and either tinned fish or meat for lunch and dinner.

Man pleads guilty to school rape incident

The man, from the Eastern Highlands Province, appeared before Justice Panuel Mogish and pleaded guilty.

He was arrested and charged under section 347 (1) of the Criminal Code, for allegedly sexually penetrating another person without her consent near the Mt Diamond Secondary School grounds.

It is alleged he was part of the group of students who were involved in the unconsented sexual penetration of a fellow female student while under the influence of alcohol on June 16, 2015.

Court: Resume counting in Mt Hagen

The Waigani National Court on Tuesday afternoon ruled that counting must resume in Mt Hagen, and not Goroka, due to distance and the cost involved in moving ballot boxes as well as scrutineers of candidates from Mendi.

The court also ordered that all counting officials from Mendi must be used in the counting in Mt Hagen, as they already started the electoral process.  

Justice Collin Makail ordered that the newly appointed Returning Officer, Steven Gore Kaupa, who was appointed on August 9, resume counting today and proceed to a declaration soon.

Youth gets life sentence

This was the warning Justice Panuel Mogish gave in the Waigani National Court when sentencing a youth to life in prison today.

He said it is sickening to come to court and apologise to families of the deceased in the hope of getting a lesser sentence after being found guilty by the court.

Gibson Maraen was found guilty on May 31 over the wilful murder of Wari Kuni, at Nine-Mile in 2015.

Justice Mogish found Maraen guilty for brutally chopping Kuni on his face and head on 10 December 2015, which resulted in his death.

Court: SHP regional counting must continue

This was the ruling of the court after incumbent MP, William Powi, went to court, asking it to stop counting progressing to the quality check stage and prevent elimination from starting until 84 rejected ballot boxes, kept in Mendi, are taken to Mt Hagen for counting.

Powi’s lawyer went to court seeking the interim orders which were refused. The Southern Highlands regional seat is one of the only two outstanding electorates where the writs are yet to be returned, despite being one of the first provinces to go to the polls.

Legality of PM’s arrest warrant not reviewable

Justice Collin Makail today said the subject of the case, the arrest warrant, was not reviewable and was an abuse of the court process.

In dismissing the judicial review, he said the criminal process and procedures should not be stopped by a civil court or proceeding.

He said the criminal process is about fairness and must ensure it is heard in a reasonable time and no miscarriage of justice.

​Restriction on court users

As election winds down, election petition cases are expected to be filed in the Court of Disputed Returns, challenging the outcome of the elections.

The Office of the Registrar of the Supreme and National Courts is expecting large crowds to attend and is now implementing strategies to manage the number of people accessing the court facilities. This is due to the construction underway at the Waigani court complex.

“We have limited space to accommodate the large volume of people we have experienced in the past,” the office of the registrar, Ian Augeria, said in a statement.

Liria asks court to restrain O'Neill

He filed an application on Monday afternoon seeking interim orders to restrain O'Neill from taking office, alleging there was an infringement in the constitution when polling was conducted in the electorate on a Sunday.

The urgent application came before court this morning.

Substantively, Liria is asking the court to declare that the public declaration of Peter O'Neill was unconstitutional.

G4S robbery: Vehicles to be returned

The vehicles were kept as evidence by the Waigani National court following the trial.

The state made an application to have the vehicles returned to its owners yesterday before Deputy Chief Justice Sir Gibbs Salika.

Sir Gibbs ordered for two of the three vehicles to be returned.

The armored vehicle that was used in the robbery will be released to the security firm, G4S, while a blue 10 seater Land Cruiser will also be returned to its owner.

Namaliu’s lawyer files bail application

Richard Jason Magiau Namaliu, from the East New Britain Province, was arrested by police on the evening of July 25. He was charged with murder.

It is alleged he was responsible for the death of the late former Miss South Pacific, who tragically passed away on Saturday, February 11. 

The charge is one which bail will have to be sought from the National Court, as the District Court and police do not have the power to allow bail.

This newsroom confirmed with the Waigani National court that bail has been filed.