POST ANALYSIS - SUPREME COURT RULES AGAINST PM & MARAPE

by BRYAN KRAMER

This morning the Supreme Court three man bench (3 judges) handed down a unanimous (all in agreement) ruling dismissing Appeal proceedings SC87 of 2014 filed by Minister of Finance James Marape.

Marape filed the SC87 Appeal challenging an earlier ruling of the National Court that refused the Prime Minister Peter O'Neill and Marape's application (request) preventing Police from arresting them in relation to the illegal payments of K71.8 million to Paraka Lawyers.
So what does it all actually mean?

In short, the Supreme Court in the course of the above proceedings issued an interim stay (temporary stop order) preventing Police from arresting Marape and O'Neill including his lawyers and staff until it made a final ruling.

Now that the Supreme Court has ruled against them dismissing the case it means the interim stay order issued in those proceedings have also been discharged (no longer in force).
So can the Prime Minister or Marape file further proceedings?
No. Once an appeal has been determined by a three man bench or more of Supreme Court it is final. They may file a slip rule application but it would serve no effect. However further appeal proceedings are no longer available to them.

Does this mean O'Neill and Marape will be arrested in relation to the illegal payments to Paraka's Lawyers?
In O'Neill's case, No - because the warrant of arrest issued by the District Court against the Prime Minister in relation to the Paraka matter has been stayed (temporary stop order) by the National Court in separate proceedings OS485 and those proceedings have been stayed until the Supreme Court hears an appeal filed challenging the National Court's preliminary ruling allowing Fraud to join as a party. Those Supreme Court proceedings SC7/2016 are still on foot and may take several months before they are determined.

In Marape's case there is no warrant of arrest issued against him in relation to the Paraka matter. So nothing is preventing Fraud from arresting him.
While it all may sound confusing its important to understand that two separate court proceedings were initiated in an effort to stay the warrant of arrest against the Prime Minister.
1) was filed in the National Court filed by Marape. After it refused to stay the warrant Marape challenged the decision in the Supreme Court (proceedings SC87) It stayed any arrest against the Prime Minister and Marape until it first reviewed the decision of the National Court. Today the SC handed down its final ruling upholding the National Court ruling and dismissing Marape's appeal.
2) was filed in the District Court by the then Commissioner of Police Jeffrey Vaki asking the it to withdraw the warrant. After it was refused Vaki challenged the decision in the National Court (NC) proceedings OS485. It stayed the warrant of arrest until it reviewed the decision by the District Court. Before the National Court could review the decision O'Neill filed an appeal before the Supreme Court against it's decision to allow Fraud to join as a party. These proceedings SC7 of 2016 are still on foot.

So what now?

The dismissal of Supreme Court proceedings SC87 today including the preventive orders means the Prime Minister may still be arrested on any other matter other than the Paraka case.
For example Fraud may now apply for a fresh warrant of arrest against him in relation to purchase of the LR Generators. To-date the Deputy Secretary of Treasury Aloysius Hamou has been formally charged in relation that issue and District Court has issued a warrant of arrest against the Secretary Dairi Vele. However O'Neil's lawyer obtained a say against his arrest relying on preventive (stop) orders under SC87. Following today's ruling SC87 orders are no longer in place and no longer a valid argument preventing his arrest. Fraud need only make an appearance before the District Court moving an application to have the stay against the Secretary of Treasury removed.
Further Fraud may also move in and charge Tiffany Twivey and Sam Bonner in relation to the Supreme Court's finding that they could be guilty of perverting the course of justice after colluding to stay the warrant of arrest against Vele.

Up until now both Twivey and Bonner have been protected from arrest under the SC87 orders. Bonner is currently out on bail after being charged in June 2014 in relation to allegations of money laundering in relation to receiving funds from Paraka Lawyers. A person out on bail is prohibited from committing a further indictable (serious) offence thus any additional charges laid against him may result in his bail being revoked.

So will any arrest be made soon?

It depends on the Commissioner of Police Gary Baki right now he is the most powerful person in PNG. O'Neill's political fate rests in his hands. Baki may order O'Neill's arrest or he may abuse his constitutional powers under Section 198 of Constitution directing Fraud not to make any arrest. However to exercise such powers without proper principle example perverting the course of justice may subject himself to arrest.

Will O'Neill's arrest mean he will automatically be removed from office? No, but it may start the political process resulting in his removal through a vote of no-confidence.
Soon after the Supreme Court ruling I received reports O'Neill has beefed up this security detail, concerned about being arrested by Fraud.

In my next article we will discuss options available to Commissioner of Police and the powers of citizens arrest and whether it may apply in this case.
We will also discuss options O'Neill may take to avoid his removal including adjourning Parliament past the 12 months grace period (24 July 2016) and whether Parliament may be reconvened before then.
Interesting times ahead.

Popular posts from this blog

HIGHLANDS FRAUD F*CKS RUNNING GOVERNMENT AGENCY,,,

Image
A Fraudster and unqualified person has been shortlisted for NEC submission for the position of CEPA Managing Director. The candidate in question is Jude Tukulyia. His academic credentials are subject to scrutiny. Further investigation is required to verify the authenticity and legitimacy of his qualifications, particularly the reported diploma in accounting, Bachelor of Laws, MBA from Divine Word and UPNG respectively. It is very suspicious and unprofessional  when the Minister for Environment Conservation and Climate Change, Hon Simo Kilepa, wrote to UPNG Vice Chancellor asking to confirm Jude’s questioned education qualifications. This very due diligence work is the core responsibility of the Public Service Commission and Department of Personnel Management. What authority does the portfolio minister have to write to the Universities? Dumbfounding indeed if one asks. Ulterior motives written all over the letter. This amounts to  Questionable Academic Qualifications of Mr Tukulyia.    
Read more

MARAPE & PAITA ABOUT TO SIGN AWAY PNG GOLD

Image
By: Andrew Arthur Prime Minister Hon. James Marape and his planning minister Reinbo Paita are the parties behind the theft of all Papua New Guinea’s gold for the next 100 years! They have given approval for the STATE of Papua New Guinea to sign away all gold rights to an Australian paper company in Refinery Holdings PTE LTD. First, they have done the deal with a paper company even before there is a LAW that says they have the right to do the deal. We see how the real manipulation works out. Marape and Paita now need to get the law passed by Parliament. The law is before the Parliament to set up Papua New Guinea’s first National Gold Corporation. The National Gold Corporation Bill first surfaced in 2012 but successive Government of Sir Michael Somare and Hon. Peter O’Neill, in their wisdom, had refused to pass this Bill as there have been some sinister motives and constitutional issues associated with the Bill. The new bill will allow Refinery Holdings LTD PTE to own 70% of the National
Read more

AUGUSTINE MANO PNG'S PREMIER CORPORATE CROOK

Image
by  MICHAEL J. PASSINGAN In a significant setback for Mineral Resources Development Corporation (MRDC), the Supreme Court of Papua New Guinea has dismissed the company's appeal to stop criminal investigations into its dealings with landowner funds held in the Pacific Balance Fund (PBF). The court ruled that MRDC's appeal was an "abuse of process" and ordered the company to pay costs of the proceedings. MRDC, a unit holder in PBF, had taken legal action against the National Court's decision to dismiss its case, arguing that the court had no jurisdiction to hear the matter. However, the Supreme Court disagreed and held that MRDC's appeal was nothing more than an attempt to interfere with the police's criminal investigative process. The court found that MRDC had no authority to conducted its own investigation into the activities of the Melanesian Trustee Services Limited (MTSL), the fund manager of PBF, and that its actions were in violation of the Trust Deed
Read more

PNG, VERY RICH YET STILL A VERY VERY POOR COUNTRY

Image
by GARY MONDULAME Papua New Guinea (PNG), a nation blessed with abundant natural resources, continues to grapple with economic challenges that belie its potential wealth. The nation's economic narrative is a paradox—rich in resources yet burdened by poverty. The explanation for this paradox lies not only in economic mismanagement but also in deep-seated corruption that has permeated the political landscape since independence in 1975. Following its independence from Australia, PNG was entrusted to leaders who lacked a vision for a holistic national development. This absence of foresight is evident from the lack of long-term development plans that could have distributed the country’s wealth fairly across all regions and communities. Successive governments failed to establish foundational strategies such as building satellite townships or creating robust rural housing schemes. Instead, they resorted to short-term, reactive measures that did not foster sustainable growth. The nascent l
Read more

James Marape's Missteps Openly Exposed at Australian Forum

Image
by  MICHAEL J. PASSINGAN  In a recent event that highlighted the complexities of international diplomacy and governance, Papua New Guinea's Prime Minister, James Marape, faced a challenging situation during his appearance at the Lowy Institute in Sydney, Australia. The Lowy Institute, known for its role as an independent think tank focusing on international policy, particularly in the Asia-Pacific region, provided a platform for a candid assessment of Marape's governance. Following his formal address, Marape engaged in a dialogue with Dr. Michael Fullilove AM, the Executive Director of the Institute. Dr. Fullilove, a respected figure in public and international policy, scrutinized Marape's past promises and statements, contrasting them with the current state of affairs in Papua New Guinea (PNG). The discussion took a critical turn as Dr. Fullilove revisited Marape's 2019 speech at the same venue, where Marape had outlined his vision for PNG in a speech titled “A New Boo
Read more

BLIND LEADING THE BLIND, WHY THE PNG ECONOMY STILL SUCKS

Image
Elizabeth Genia, Acting Governor Bank of PNG (BPNG) by MICHAEL JOSEPH PASSINGAN The economy of Papua New Guinea (PNG) is at a crucial juncture. Despite some signs of recovery, the country faces several structural challenges that continue to impede its economic progress. The March 2024 Monetary Policy Statement from the Bank of Papua New Guinea sheds light on these issues, providing a comprehensive overview of the economic landscape and the policy responses being implemented to navigate through these turbulent times. In 2023, PNG's economy grew by a modest 1.4%, a significant slowdown from the 5.2% growth witnessed in 2022. This tepid growth is largely attributed to delays in major projects and ongoing economic issues that have not been fully resolved. The anticipated growth for 2024 is around 3.0%, buoyed by the resumption of production at the Porgera gold mine. While this marks an improvement, it remains subdued compared to the potential of this resource-rich nation. One of the mo
Read more

A Call for Local Ownership and Fairness

Image
by JUSTIN PARKER In recent discussions surrounding the establishment of a gold refinery in Papua New Guinea (PNG), concerns have been raised regarding various aspects of the proposed project. Spearheaded by foreign investors, the initiative has sparked debates over ownership, exclusivity, tax concessions, underwriting, management rights, control over currency, legal protections, and historical failures. These concerns, if unaddressed, could potentially undermine the interests of PNG and its people, particularly the hardworking alluvial miners who form the backbone of the nation's mining sector. At the heart of the issue lies the question of ownership. The proposed ownership structure, favoring foreign investors with a substantial 70% stake, raises eyebrows, especially considering PNG's past experiences with failed ventures like seabed mining. Instead of ceding majority control to foreign entities, many argue that PNG should assert full ownership over the refinery. With the coun
Read more