PM reference case twist - CJ 'secretly' met with (Arthur) Somare

Private meeting with CJ?
The Chief Justice secretly' met with (Arthur) Somare " at Ela Beach Hotel at 2am on 4th November, 2011 while the Court case was proceeding at Waigani. It is reported on the front page of Post Courier today

The Supreme Court will hear an application by Prime Minister, Peter O'Niell, seeking to remove the Chief Justice from presiding as Chairman of the Five-men Bench hearing the Special Reference, challenging the August formation of Government.

The application to disqualify the Chief Justice, Sir Salamo Injia, was filed today by Mr. Mr. O'Niell's lawyer and was set to be heard this morning.

This new twist in the case may delay the much anticipated ruling of the matter before the court. The high court was to make a ruling on the Reference today.

The much anticipated ruling of the High Court on the Special Reference, will be stalled following this new application.

Prime Minister Peter O'Neil as alleged an apprehension of bias on Chairman of the bench Chief Justice Sir Salamo Injia, claiming he was seen meeting with former State Enterprises Minister Arthur Somare at a Port Moresby hotel last month.

Mr. O'Neil claims that this new evidence now taints a fear of bias on the bench.

Friday  9th December (today) was initially scheduled for the High Court to answer the 37 Constitutional questions raised in the Special Reference, from the vacancy in the office of the Prime Minister to suspension of a member of Parliament to reach its ruling.

The ruling will determine whether the current Government came into power according to law, when it ousted Grand Chief Sir Michael Somare.

The August formation of the O'Neil-Namah Government has been described as a coup by Sir Michael's lawyers during hearing in October.

Queens Council Marshall Cook representing Sir Michael says, there was never a vacancy, and that Parliament's election of Mr. O'Neil was against the law.

Mr. Cook also submitted that section 142 of the Constitution, which prescribes ways in which a Prime Minister may be removed from office to create a vacancy was also not properly followed by Parliament.

He says in any case, the Head of State, which is the Governor General has the ultimate power to remove a Prime Minister and not Parliament.

He told the court, that because of this, Sir Michael and his Government should be reinstated.

But lawyers representing Prime Minister Peter O'Neil, his deputy Belden Namah, Attorney General Doctor Allan Marat and Speaker Jeffery Nape say, Parliament's August action was lawful.

They've submitted among others that because Sir Michael Somare was absent for a long time without proper information concerning his health reaching Parliament and the people, the action taken by Parliament was legal.

They say the long absence of five months from Parliament, only gives Parliament the opportunity and occasion to employ section 142 of the Constitution to declare a vacancy in the Office of the Prime Minister, and subsequently elected Mr. O'Neil as Prime Minister.

Lawyer Manuel Varitimos acting for Mr. O'Neil and his Deputy Belden Namah, had submitted that an earlier Supreme Court ruling on evidence by Justice David Cannings must also be revisited, while maintaining that evidence from that hearing has shown that Grand Chief was of an unsound mind for much of the period from March up to August.

These opposing parties also argue that the courts do have the authority to scrutinize the actions of Parliament, saying it is non-justiciable.

Meanwhile police in the capital city say, they will be looking out that the anticipated ruling of the court, does not spark protests.

Police say all available resources, including recruits and extra officers flown in from Lae will be used.

Road blocks will be staged today, while foot patrols in and around both Parliament and court areas, have started since Tuesday.

The Waigani Committal Court, Central District Court, and the Family Court will all be shut down today.

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