Governments last throw of dice rejected by Supreme Court

Somare back in the limelight?

A split but majority ruling of the Supreme Court in Waigani yesterday has ended what's now thought to be the Government's last straw, in its bid to stop the Special Reference, challenging its controversial August formation.

The full five-men bench, has dismissed an application by the intervenors representing Parliament and the Government, asking that the court be put on halt until, medical records of Grand Chief Sir Michael Somare was made available to the court. The Bench ruled in the majority, 3 to 2, that the application is premature and only re-ignites issues that were already determined by a single judge in his findings of fact last week.

The majority ruling by the High Court to dismiss the application by the intervening parties representing Parliament and the Government follows a split with the individual views of the five-men bench. The Chief Justice Sir Salmo Injia and Justices Nicholas Kirriwom and Les Gavara-Nanu ruled in the majority, that the application asking a stay over the hearing until Sir Michael's medical records were made available to the court were premature, and that it only re-ignites issues of Sir Michael's mental condition, which are thought to have been already determined by single Supreme Court judge Davids Cannings last week.

The opposing minority view of the High Court, came from the Deputy Chief Justice Gibbs Salika and senior Judge Bernard Sakora, who were more concerned with how court orders and directions must be complied with at all times and by everyone. Justice Sakora was of the view that lack of compliance with court orders, only shows that the court cannot enforce its orders, stating that directions and orders to have Sir Michael produce his medical records to the court were made twice before, but were not followed.

Lawyers representing Parliament and the Government had argued that these medical documents are important for the court to properly determine the mental state of Sir Michael, which had subsequently led the August formation of the current Government. But lawyers of the opposing intervenors and the Referrer had opposed, saying the orders cannot be complied with, because the Raffles Hospital has a policy against releasing patients medical records, unless it is ordered to do so, only by the courts of Singapore. The ruling now paves the way for the Reference to proceed into hearing proper today.

NBC News