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Showing posts with the label Chief Justice

IF HE IS CORRUPT WHY IS HE STILL THERE? CJ'S IMPARTIALITY QUESTIONED

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by MARK TOKUNAI
One of the top brains of this country, Sir Mekere Morauta once described the scale of corruption in this country as “Systemic and Systematic”. Many others have labelled it as having permeated throughout the fabrics of the society. Corruption is said to have widespread in Government and is prevalent in how businesses are conducted both in private and public sectors. 

We are experiencing unprecedented number of prosecutions of leaders both by police and the Ombudsman Commission. These are leaders mandated by our people but the law is keeping a check on their exercise of powers. Eventually, their fate will be ultimately determined by the judiciary. Thanks to the Deputy Chief Justice Sir Gibbs Salika, who is an unapologetic member of the bench and sending a strong message with the number of people he is sending to jail. Sir Salika seems to be motivated to send wrong doers to jail and has no time hunting escape routes for criminals. 

The judiciary, though th…

Proliferation of Corruption Unhindered has Raised its Ugly Head in the Courtroom Resulting in Impaired Judgments and Normalization of Corruption by Venerate Judges

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by LEKEM LAKI

The Deputy Chief Justice his Honour Gibs Salika rightly said in the national paper dated 14th March 2016 titled “Graft a disease” and he referred to the level of corruption rampant in the country cutting across every sector of PNG society. In that he meant to say, corruption isn’t “growing but is overgrown”. The concern raised is alarming in nature but it doesn’t become a cause of concern or raises goose bumps. The corruption is entrenched and deeply embedded in every stratum of government bureaucracy and agencies.

The practice is normalised and given the longevity in continued practice, it has become a norm or second nature if you like to people who practice. With the proliferation of corruption, people aren’t remorseful or let alone raise goose bumps.

The Department of Justice and Attorney General Secretary Dr. Lawrence Kalinoe refused Damarua’s request to engage private law firm. Damarua and the entire Fraud Squad team aren’t fighting tooth and nail t…

Michael Somare set to resume office as O'Neill faces contempt charges

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THE Supreme Court of Papua New Guinea is expected to issue contempt charges against Prime Minister Peter O'Neill, with a triumphant Sir Michael Somare saying he will present himself to the governor-general and take the oath of office. The Supreme Court on Monday ruled that the election of Mr O'Neill to the prime ministership by a parliamentary vote of 70-24 on August 2 was unconstitutional and ordered Sir Michael resume the top job.

In doing so, Chief Justice Sir Salamo Injia indicated contempt charges will be laid against Mr O'Neill and his lawyer following a last ditch application on Friday to remove the three-year veteran of the Supreme Court before he had handed down his judgment. The Supreme Court is also expected to hand down a contempt judgment on Mr O'Neill's deputy PM Belden Namah and attorney-general Dr Alan Marat, after the pair tried to suspend the chief justice in November.

The three to two decision by the five-man bench triggered a tense standoff a…

Michael Somare set to resume office as O'Neill faces contempt charges

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THE Supreme Court of Papua New Guinea is expected to issue contempt charges against Prime Minister Peter O'Neill, with a triumphant Sir Michael Somare saying he will present himself to the governor-general and take the oath of office. The Supreme Court on Monday ruled that the election of Mr O'Neill to the prime ministership by a parliamentary vote of 70-24 on August 2 was unconstitutional and ordered Sir Michael resume the top job.

In doing so, Chief Justice Sir Salamo Injia indicated contempt charges will be laid against Mr O'Neill and his lawyer following a last ditch application on Friday to remove the three-year veteran of the Supreme Court before he had handed down his judgment. The Supreme Court is also expected to hand down a contempt judgment on Mr O'Neill's deputy PM Belden Namah and attorney-general Dr Alan Marat, after the pair tried to suspend the chief justice in November.

The three to two decision by the five-man bench triggered a tense standof…

PRIME MINISTER CONTEMPT YET AGAIN

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By: SAM  BASIL MP

The Prime Minister caused the Publication of the National Ministers constitutions the NEC and their respective Responsibilities in the National Gazette on Thursday 3'd March 2011, National Gazette No. G57 of 2011. In the publication, particularly Schedule 30 provides that Patrick Pruaitch as the Minister for State Assisting the Prime Minister.
This is in direct contempt of the Orders of the Supreme Court in the case of Pruaitch v Manek [2010] PGSC 7;SCl052 (31 May 2010) where the Supreme Court declared that the leader was automatically suspended when the charges were served on the Tribunal.

The highest Court of the land constituting Kirriwom J, Gavan-Nanu and Davani JJ declared that the leader was suspended forthwith. How could the PM then appoint him to be a minister of his cabinet?
The Tribunal is yet to hear the case against Mr. Pruaitch and as far as I could recall, there was no Court Order setting aside the Supreme Court Orders. Until the Tribunal finally determ…

PRIME MINISTER CONTEMPT YET AGAIN

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By: SAM  BASIL MP

The Prime Minister caused the Publication of the National Ministers constitutions the NEC and their respective Responsibilities in the National Gazette on Thursday 3'd March 2011, National Gazette No. G57 of 2011. In the publication, particularly Schedule 30 provides that Patrick Pruaitch as the Minister for State Assisting the Prime Minister.
This is in direct contempt of the Orders of the Supreme Court in the case of Pruaitch v Manek [2010] PGSC 7;SCl052 (31 May 2010) where the Supreme Court declared that the leader was automatically suspended when the charges were served on the Tribunal.

The highest Court of the land constituting Kirriwom J, Gavan-Nanu and Davani JJ declared that the leader was suspended forthwith. How could the PM then appoint him to be a minister of his cabinet?
The Tribunal is yet to hear the case against Mr. Pruaitch and as far as I could recall, there was no Court Order setting aside the Supreme Court Orders. Until the Tribunal finally deter…

Arnold Amet under Scrutiny

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OP.ED
Former Madang Governor Sir Arnold Amet was Papua New Guinea’s second Chief Justice of the National and Supreme Courts. He took over from another eminent Papua New Guineans, Sir Buri Kidu, the late husband of Dame Carol Kidu, the MP for Moresby South.
As Chief Justice, he was highly regarded and respected by the people of this country and overseas. Sir Arnold was seen as one of the pillars of this nation. Ordinary people used to think of him simply as a good man, a good Papua New Guinean.

When he retired from the Judiciary, he provided consultative services to the public and private sectors because his views on the Constitution and laws of PNG were highly regarded and respected.
When Madang MP Sir Peter Barter decided to quit politics due to health reasons, Sir Arnold was asked by Sir Peter to take on the challenge to represent the people of Madang.
Sir Amet accepted the invitation and announced to the people of Madang and PNG that he was to contest the 2007 national elections. Mixed…

Arnold Amet under Scrutiny

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OP.ED
Former Madang Governor Sir Arnold Amet was Papua New Guinea’s second Chief Justice of the National and Supreme Courts. He took over from another eminent Papua New Guineans, Sir Buri Kidu, the late husband of Dame Carol Kidu, the MP for Moresby South.
As Chief Justice, he was highly regarded and respected by the people of this country and overseas. Sir Arnold was seen as one of the pillars of this nation. Ordinary people used to think of him simply as a good man, a good Papua New Guinean.

When he retired from the Judiciary, he provided consultative services to the public and private sectors because his views on the Constitution and laws of PNG were highly regarded and respected.
When Madang MP Sir Peter Barter decided to quit politics due to health reasons, Sir Arnold was asked by Sir Peter to take on the challenge to represent the people of Madang.
Sir Amet accepted the invitation and announced to the people of Madang and PNG that he was to contest the 2007 national elections. Mixed…

Papua New Guinea on the brinks of a Dictatorial Regime

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SAM BASIL MP

Today is a sad day for PNG as people whom we had hopes on have been contaminated, and our hopes crushed. The former Chief Justice could have given a better reason than being defensive for the PM over the Leadership Tribunal. Look at how he described the reasons for the removal of Mr Tamata.
He said Mr. Tamata was removed for non performance but failed to outline what sort of lack of performance. Did he mismanage the office? If so, what are the examples? Did he not do his constitutional duty? What are some examples?
Was he cited for contempt for not allocating lawyers to attend to criminal cases/call-overs like his Predecessors? So what are the reasons at this very crucial moment when the whole nation is looking forward to see justice prevail?
Can the former Chief Justice as a learned person justify his actions because you cannot afford to leave the people of PNG guessing? Otherwise, Sir Arnold is just another puppet, executing the PM and his family’s will and the only con…

Papua New Guinea on the brinks of a Dictatorial Regime

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SAM BASIL MP

Today is a sad day for PNG as people whom we had hopes on have been contaminated, and our hopes crushed. The former Chief Justice could have given a better reason than being defensive for the PM over the Leadership Tribunal. Look at how he described the reasons for the removal of Mr Tamata.
He said Mr. Tamata was removed for non performance but failed to outline what sort of lack of performance. Did he mismanage the office? If so, what are the examples? Did he not do his constitutional duty? What are some examples?
Was he cited for contempt for not allocating lawyers to attend to criminal cases/call-overs like his Predecessors? So what are the reasons at this very crucial moment when the whole nation is looking forward to see justice prevail?
Can the former Chief Justice as a learned person justify his actions because you cannot afford to leave the people of PNG guessing? Otherwise, Sir Arnold is just another puppet, executing the PM and his family’s will and the only con…