By Lewar Kandep

I am retired pastor ...and I know Sir Gibson Salika and his wife to be Christians. I have retired young to do law overseas and am on holiday in PNG. I have had Godly respect for the CJ until recently my admiration of him as a man of God dwindled into one of less admiration and ultimately to one of no admiration at all to this time I write this statement.

I have given much thought prayerfully to whether it was wise to write. I am at peace that it must be written because I HATE to see CORRUPTION encroach into the Judiciary. I want the Judges of the Judiciary to REALISE who the CJ is!!! The CJ is NOT a just man!!! His decisions from the bench are made by his wife or by him & her both as to their political favour or based on favours served them. Most of His decisions are NOT JUST.

As a pastor I’AM a MAN of GOD!!! As a student I’ am training to become a lawyer myself. I have seen almost all systems of Government fail with compromises and corruption. God has been squeezed out of PNG'S Governance systems and institutions. The LAST PLACE we want to see NOT corrupted is the Judiciary! We want to see the Judiciary deliver justice and righteousness to PNG! But the CJ’s compromised mindset and unjust rulings are a disservice to the adjudication of just and fair decisions by court.

I have observed his “rulings" in three Election petitions. I shall not labour on all but the Kandep election petition attracts one's attention. I was not privy to the competency, trial and no case submission rulings by the court on the Kandep EP matter. I was out of PNG. Might as well I say I am mix Momase and Southern with Highlands adopted parentage. But I have been observing as a courtroom participant as well as having the privilege to talking with various lawyers, court registry and judges associates I have come to notice erroneous rulings by His Honor the CJ of PNG. As part of an independent study I am also researching on how courts work in PNG, I am also concerned at how his ( CJ's) chamber hijacks the court registry process to handle matters he is interested in but ending up handing down unjust and unfair decisions.

Here, in a nutshell, is His UNJUST ruling for the Kandep EP matter:

1. The first and second respondents applied to seek leave for extending time which the Supreme Court in one-man bench did grant. That is just and fair!

2. Then the respondents did file seeking dispensation of court rules to make a leave application for extension of time to appeal against the National Court Rulings on Competency, and no case submission that was ruled in 2017 and 2018. The court rules give appellants a certain specific number of days to process an appeal in an EP.

In the Kandep case many months had elapsed. Besides the respondents did have the natural opportunity of right presented them by way of court rules to make an appeal against the competency and the no-case submission. Accordingly they had been given the opportunity for appeal and they did appeal to various Supreme courts but those Supreme Court panels did hand down a decision up to the present stage. In short for every interlocutory application filed by the respondents during the process from preliminary hearing to the trial decision, a supreme court did respond with a decision.

3. The appellants in their application for dispensation of rules also did ask the court to waver the meaning of the word “final decision" or “decision" of the national court. For clarity, the court rules state very clearly that an APPEAL in an EP is exercisable only after the “final decision “had been made by court. This is the Supreme Court Rule! This rule has plenty of wisdom in it. The first major reason for this rule is that it prevents abuse of process and secondly avoids unjustified delays. An EP can flare up to violence and destruction in a society like PNG thus the rule to administer justice fairly so that peace is maintained.

In the Kandep case the "final decision” occurs when the trial court makes its final decision at the conclusions of the ballot recount when the ballot recounted results are brought before the court.

The Judicial order of recount by the trial court executed by the Electoral commission is still in the process!

4. Based on the above facts, the one man Supreme court Justice in His Honor Batari dismissed the appellants' applications. Their applications had sought dispensation of the definition of the word “final decision” and leave for extra time to appeal the competency and no-case decisions of trial court. Do not forget! Appeals had been heard in 2017, 2018 and earlier part of 2019 in the interlocutory applications the respondents made. The appeal court dismissed their applications every time they tried. Based on all these facts and based on law His Honor Justice Batari dismissed their applications recently. His honor amongst other

No comments

Please free to leave comments.