PRIME MINISTER FILES URGENT APPLICATION IN SUPREME COURT TO PREVENT FURTHER ARREST

The Supreme Court this morning is hearing an urgent application filed by Prime Minister seeking interim injunction orders preventing Police from taking further action against him in relation to the Paraka-gate scandal.

The Prime Minister filed the application joining the James Marape's appeal case currently before the Supreme Court. Marape filed an appeal in the Supreme Court in July appealing the decision of the National Court Judge Kariko's ruling back in June refusing to grant a stay on the warrant of arrest against Prime Minister Peter O’Neill.

Pending the full hearing of the appeal Supreme Court granted interim injunction orders against Police arresting Marape. Prime Minister who is also facing further charges in relation to the Paraka-gate scandal is now seeking the same orders from the Supreme Court.

The matter is listed this morning before three man bench of the Supreme Court.

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Analysis by BRYAN KRAMMER

Prior to the District Court issuing the warrant of arrest against the Prime Minister in May 2014 Finance Minister James Marape filed proceedings in the National Court to tax (assess) the legal bills paid to Paraka Lawyers. This was an attempt by both Marape and Prime Minister to legalise the legal fees paid to Paraka Lawyers so neither would face charges for their part for issuing the payments.

When the Arrest Warrant was issued the Prime Minister rushed to Court to join those proceedings filing an application preventing police from arresting him.

However the National Court Judge Kariko refused the Prime Minister's application. The Judge said police and Prime Ministers were not a part of the substantive proceedings which is to determine the legality of the legal bills paid to Paul Paraka Lawyers through taxation.

The Judge ruled that the administration and control of the police force is vested in the Commissioner of Police under the Constitution. Only in the clearest cases of abuse of police power should the court intervene in a police investigation. He said in this case there was no such evidence of abuse of power.

James Marape then filed an appeal challenging the decision in Supreme Court.

Pending the substantive appeal (full hearing of the proceedings) Marape sought and was granted interim injunction orders against police arresting him pending taxation proceedings filed on the legality of the K71.8 million bills paid to Paul Paraka Lawyers.

The Prime Minister is now seeking the same orders preventing police from arresting him on further charges relating to the Paraka Lawyers.

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