Judiciary Showing Signs of Weakness
Sam Vulum Sunday Chronicles
When other arms of government disintegrate, the judiciary always prevails, holding Papua New Guinea together in its growth and development. The country’s constitution and its political system have on several occasions been put to the test by major challenges, some of them taking the country to the brink. But it has always been the solid and vibrant judiciary that averts the worse.
However, this once irrefutable judiciary is now showing signs of weakening in its unyielding independence with accusations of conflict of interest among judges, wear and tear in its administration, undue delays in the delivery of judgements and other issues being rife in its system.
The legal system is further threatened when scare tactics are reportedly used against lawyers in ongoing high profile cases. That carries significant implications for the safety of lawyers and the judiciary.
One such example is the Australian law firm Gadens Lawyers, which was representing BSP in a case. It has had pulled out following threats against its lawyers by armed thugs in Port Moresby in January.
However, the public’s attack on the judiciary has reached significant levels by also attracting debate from within the chambers among senior judges. But the problems in the judiciary could not be any more real when some of the concerns come from the nation’s highest legal eagle, Attorney-General, Dr Allan Marat. Dr Marat told PNG’s Sunday Chronicle newspaper that the independence of the third arm of government is being questioned in the public arena and he fears the last bastion of the country’s democracy may become a joke within the next 30 years.
He said “there are very serious issues being raised in court cases, the media and homes” about the independence of the judges relating to “conflict of interest” issues. “Instances of conflict of interest and independence of judges are numerous. Some have been reported in judgements, some have been addressed administratively within the judiciary itself, and some are tormenting the conscience of some judges. “There are signs of maturing dictatorship in PNG and PNG has all the ingredients of corporatocracy, namely major corporations, international banks and colluding governments.
“The influx of mercenaries occurs as a matter of course. Manipulation by outside political and commercial interests is increasing and mercenaries have been brought into PNG under the guise of consultants,” Marat said.
Judiciary a joke: The Attorney-General said these developments are hair-raising and he called on the courts to be wary of these developments and begin designing appropriate judicial attitudes to address them when they are presented in the court of law. “There is a trend developing in PNG and the courts must be cognisant of it. More and more young, greedy and immature so-called leaders, through their association with foreign economic hit men, are becoming greedy and have sold this country to multi-million corporations. “There is now so much foreign interest at stake in this country. And unless the law enforcers, including the courts wake up to this development...our judiciary is going to be a joke to this corporatocracy in the next 30 to 50 years,” he said.
Dr Marat says closely related to the issue of independence of the judiciary is the undue delays in the delivery of judgements in cases. “When these young, greedy and immature so-called leaders are referred to the courts for obvious failures to observe the rule of law, their cases come before the courts and then, what happens?” Judgements are delayed, he said, as dates are stretched out for far too long and these immature, greedy so-called leaders continue to govern a people who are crying for justice. Dr Marat said, a judge who delays a ruling, is responsible to some extent for additional problems emanating from delayed judgements.
He says, such behaviour will only entrench corporatocracy in PNG and erode the respect people have for the courts in this country. National Court Judge David Cannings said the judicial system is showing signs of wear and tear. “We need to identify problem areas. Individuals in the system must do their job with drive, commitment and discipline. If lawyers attend court unprepared or are lazy, then the system will deteriorate and collapse. “If a person facing armed robbery charges is stuck in remand in jail for three years without trial, then there is injustice. This example shows that the judicial system needs maintenance.
“The National Court has a total of 514 backlog cases with 86 accused on bail and 424 on bench warrants. This means we have 80% of the people waiting for trial. “This is a major problem and we need to fix it. It can be fixed. We need to get the components of the judicial system working in harmony. “We need to get them talking, communicating, and sharing their problems and their solution,” Judge Cannings said. Commenting on the scare tactics against lawyers, former Chief Justice and Madang Governor Sir Arnold Amet said when lawyers and law firms begin to withdraw their services because of fear for the lives of their lawyers and their families, the country is in danger of going down the slippery slide towards a breakdown of law and order and the rule of law.
“I support the role of an independent, vibrant and vigorous legal profession to protect the interests of their public clients. A vigilant civil society must stand up and protect all professionals from these kinds of thuggery,” Amet said. The Papua New Guinea Chamber of Commerce and Industry (PNGCCI) said the rule of law is an important component of a favourable investment climate and this must be upheld without compromise. PNGCCI president John Leahy told a local newspaper that the abuse of the legal system was a serious challenge facing PNG.
“Members of the judiciary and the legal profession must not be threatened or intimidated in the course of their duties by unscrupulous individuals. “It has been one of PNG’s strengths that it has had an impartial judiciary, but the judiciary needs the support of a fearless legal system in PNG,” Leahy added.
When other arms of government disintegrate, the judiciary always prevails, holding Papua New Guinea together in its growth and development. The country’s constitution and its political system have on several occasions been put to the test by major challenges, some of them taking the country to the brink. But it has always been the solid and vibrant judiciary that averts the worse.
However, this once irrefutable judiciary is now showing signs of weakening in its unyielding independence with accusations of conflict of interest among judges, wear and tear in its administration, undue delays in the delivery of judgements and other issues being rife in its system.
The legal system is further threatened when scare tactics are reportedly used against lawyers in ongoing high profile cases. That carries significant implications for the safety of lawyers and the judiciary.
One such example is the Australian law firm Gadens Lawyers, which was representing BSP in a case. It has had pulled out following threats against its lawyers by armed thugs in Port Moresby in January.
However, the public’s attack on the judiciary has reached significant levels by also attracting debate from within the chambers among senior judges. But the problems in the judiciary could not be any more real when some of the concerns come from the nation’s highest legal eagle, Attorney-General, Dr Allan Marat. Dr Marat told PNG’s Sunday Chronicle newspaper that the independence of the third arm of government is being questioned in the public arena and he fears the last bastion of the country’s democracy may become a joke within the next 30 years.
He said “there are very serious issues being raised in court cases, the media and homes” about the independence of the judges relating to “conflict of interest” issues. “Instances of conflict of interest and independence of judges are numerous. Some have been reported in judgements, some have been addressed administratively within the judiciary itself, and some are tormenting the conscience of some judges. “There are signs of maturing dictatorship in PNG and PNG has all the ingredients of corporatocracy, namely major corporations, international banks and colluding governments.
“The influx of mercenaries occurs as a matter of course. Manipulation by outside political and commercial interests is increasing and mercenaries have been brought into PNG under the guise of consultants,” Marat said.
Judiciary a joke: The Attorney-General said these developments are hair-raising and he called on the courts to be wary of these developments and begin designing appropriate judicial attitudes to address them when they are presented in the court of law. “There is a trend developing in PNG and the courts must be cognisant of it. More and more young, greedy and immature so-called leaders, through their association with foreign economic hit men, are becoming greedy and have sold this country to multi-million corporations. “There is now so much foreign interest at stake in this country. And unless the law enforcers, including the courts wake up to this development...our judiciary is going to be a joke to this corporatocracy in the next 30 to 50 years,” he said.
Dr Marat says closely related to the issue of independence of the judiciary is the undue delays in the delivery of judgements in cases. “When these young, greedy and immature so-called leaders are referred to the courts for obvious failures to observe the rule of law, their cases come before the courts and then, what happens?” Judgements are delayed, he said, as dates are stretched out for far too long and these immature, greedy so-called leaders continue to govern a people who are crying for justice. Dr Marat said, a judge who delays a ruling, is responsible to some extent for additional problems emanating from delayed judgements.
He says, such behaviour will only entrench corporatocracy in PNG and erode the respect people have for the courts in this country. National Court Judge David Cannings said the judicial system is showing signs of wear and tear. “We need to identify problem areas. Individuals in the system must do their job with drive, commitment and discipline. If lawyers attend court unprepared or are lazy, then the system will deteriorate and collapse. “If a person facing armed robbery charges is stuck in remand in jail for three years without trial, then there is injustice. This example shows that the judicial system needs maintenance.
“The National Court has a total of 514 backlog cases with 86 accused on bail and 424 on bench warrants. This means we have 80% of the people waiting for trial. “This is a major problem and we need to fix it. It can be fixed. We need to get the components of the judicial system working in harmony. “We need to get them talking, communicating, and sharing their problems and their solution,” Judge Cannings said. Commenting on the scare tactics against lawyers, former Chief Justice and Madang Governor Sir Arnold Amet said when lawyers and law firms begin to withdraw their services because of fear for the lives of their lawyers and their families, the country is in danger of going down the slippery slide towards a breakdown of law and order and the rule of law.
“I support the role of an independent, vibrant and vigorous legal profession to protect the interests of their public clients. A vigilant civil society must stand up and protect all professionals from these kinds of thuggery,” Amet said. The Papua New Guinea Chamber of Commerce and Industry (PNGCCI) said the rule of law is an important component of a favourable investment climate and this must be upheld without compromise. PNGCCI president John Leahy told a local newspaper that the abuse of the legal system was a serious challenge facing PNG.
“Members of the judiciary and the legal profession must not be threatened or intimidated in the course of their duties by unscrupulous individuals. “It has been one of PNG’s strengths that it has had an impartial judiciary, but the judiciary needs the support of a fearless legal system in PNG,” Leahy added.
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