JUDGEMENT DELAYED IS JUSTICE DENIAL

By SAUWAN KOMPE

Puzzled and in bewilderment as to why high profile court cases of important significance, judgements kept delayed or cases being prolonged! Time is of essence that judgements should be delivered when expected instead of keeping the public in limbo.

Continued procrastination of judgement is justice in denial in totality. Public would not accept purported explanations as a means to justify the delay. Public revere all levels of courts and out of respect, public is mute, however, public is denied of speedy proceedings frustrating aggrieved parties. Shouldn't this be corruption in a subtle form? I reckon it is! Public is entitled to form an opinion of otherwise.

Delayed judgements and prolonging trial periods largely assist in institutionalising and nurturing corruption. No wonder corruption has permeated through every strata of governing system and is thriving. Technically, when judgement is delayed or trials prolonged, it absolutely does not assist the judiciary in its judicature role, however, prolonging of judgement or trial underpins breeding corruption.

The release of convicted Gulf Governor has no correlation to the notion of this article, however, this is an example of court assisted convicted criminal back in power and in my naïve view, this is nothing short of institutionalisation and nurturing of corruption with high profile people by court. Whilst the appeal is pending in the Supreme Court, he should have been told that he remains convicted criminal unless proven otherwise by the competent court. For greater good, court exercising its inherent powers, should release the convicted criminal on condition, however, court didn't and he is straight back in the office causing confusion in the public domain.

Quite a number of high profile court applications filed for judicial redress have been delayed to this date and technically defeats the purpose and spirit of the applications. It is reiterated that delayed judgements and trials appears to happen on purpose to say the least.

Number of pending cases filed for judicial redress is as follows:
• Judicial review on amendment of constitution on the extension of grace period from 18 to 30 months,
• Judicial review on asylum seekers detention centre in Manus,
• Supreme court appeal by former Police Commissioner Tom Kulunga on the charges for contempt of court and sentencing,
• Controversial Paul Paraka defrauding the state with K71.8 million and his accomplices,
• James Marape’s application before court to derail court proceedings for facilitating syphoning tax payers money in the controversial Paul Paraka saga,
• Prime Minister’s controversial UBS loan that is going through twist and turns in the legal system at unprecedented level,
• Incumbent Police Commissioner Jeffery Vagi’s stance with full knowledge propping a corrupt Prime Minister gasping for political survival,
• Controversial K10 million that threw Paul Tiensten into incaseration, however, beneficiary Eremas Wartoto, the owner of Travel Air is on the loose end,
• If I may add, number of decisions on court of disputed returns is pending to date. It exacerbates the aggrieved party or parties by keeping them guessing whilst delaying the judgement.

There are host more but above high profile court cases before the courts should take the precedent over others. Constitutional cases can break or make the country’s political landscape for greater good or despair.

It isn't of trivial nature to downplay. Continued delay or prolonging of high profile cases dampens and demoralises the spirit of patriotism. Time and money become wasteful in legal battles that drag on and on endlessly. Ripple effect of further delay in delivering judgements and prolonging contributes to derailment of country’s progress and prosperity in all facets.

Continued delays or prolonging only benefits individuals, families and close associates furthering their cause. Minority’s gain is majority’s loss.

I wish we have more cadres of Hon. Gibbs Salika’s (DCJ) calibre and personality.

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