Powes Parkop schooled on "Setting the Record Straight"

I have read the legal arguments of Hon. Powes Parkop titled "Setting the Record Straight" in the TheNational and Post Courier newspapers last Friday 13th January 2012. However, most of his arguments to legitimize O'Neill regime are misleading and false.

I would like to point out 12 arguments of Parkop which are misleading.

1. The Wingti/Chan incident did not happen in 1987. The fact was half cooked truth. It happened in September of 1993. Almost one year  after the incident (August of 1994), the government was changed. Chan became the new PM. This fact that the incident happened in 1987 is misleading.

2. Parkop said that "Parliament corrected the mistake or error" of the Wingti regime. This is a misleading statement. It was the  full Supreme Court bench that corrected the mistake or error. Parliament succumb to the interpretation/verdict of the Supreme Court and followed it.

3. In the Philip Taku case in 1999, Parliament had acted in defiance of the High Court not to reinstate him as the governor of NCD. Parliament was acting contemptuously to amend the NCDC act when his case was before the courts. Mr. Taku had a long running battle with the government led by Sir Mekere. Taku's case should not be used as a precedent to legitimize O'neill regime. This statement is misleading as it does not have substance in matters of law.

4. Section 19 of the constitution provides for the Supreme Court not to give OPINION as he "termed" but rather passed JUDGEMENT on the case. In the court of law, a "judgement" carries the weight of law and its application. Parkop has undermined the "application of the law" at the expense of justifying his interpretation as "an opinion".

When the High Court passed the "judgment" that the actions of August 2 was unconstitutional, the implications are that under operations of the law, it corrected the mistake/error of the legislature. Consequently, it restores the Somare regime. Parkop is twisting the provision of section 19 of the constitution to mislead the public.

5. In the English and Indian legal systems, the High Courts do not give "opinions" but rather "judgments" are passed for the purposes of determining the rightful, legitimate and lawful effect of a case. Judgments are declarations. Declarations are not orders. Declarations are done is privy to the rule of law! Parkop again is misleading the public by inferring to English and Indian legal systems as an argument of doubt.

6. The Supreme Court did not give "orders" to the Governor General for the swearing in of Somare regime. The Supreme Court only passed the "judgment" that Somare regime is legitimate. Since Somare regime is legitimate, it was the lawful regime/NEC to advise the Governor General to swear in the Cabinet. The Speaker and O'neill usurped the Parliament and held the Parliament at ransom. Initially, the swearing in of Somare regime was lawful. However, Parliament was hijacked by the Oneill regime. Their illegal tactics was devastating for the nation. The GG reversed his decision and sweared-in O'neill regime. This is unlawful!  Parkop is misleading the public!

7. Mr. Parkop's allegations of poor judgment by the Supreme Court in its rulings is outrageous and demeaning of a leader like him. It is belittling the decisions of the highest Court of the land. Who is Parkop to question the credibility of the Supreme Court? The Supreme Court is bigger than Parkop. The Constitution is bigger than Parkop!

He is a lawyer and should know very well that judges who sit on the bench give independent views on certain cases that go before them. Not every judge may give the same kind of judgment on a particular case. However, in the end, for the sake of fairness to the rule of law, decisions are made by the judges in the best interest of the nation. Parkop is misleading the public to disbelieve/mistrust the Supreme Court. This is something serious!

8. Any amendments made, laws passed, etc etc done by O'neill regime in Parliament after August 2, 2011 is unconstitutional. According to law, it is and null and void! Parkop is misleading the public to believe that it is well with the O'Neill/Namah government.

9. Quite contrary to Parkop's view, there is only one Prime Minister. That is the one led by Sir Michael Thomas Somare. He is the legitimate Prime Minister of the Independent State of Papua New Guinea. O'Neill is not a legitimate Prime Minister.

10. O'Neill and Namah regime are holding the nation at ransom. They are an unlawful regime.

11. They must be prosecuted by law for unlawfully denying the legitimate government to operate.

12. In conclusion, Parkop must be "sued" in court for misleading the public by uttering "false views" in the daily newspapers.


PETAPETA KOLOWI

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