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Showing posts with the label Supreme Court

O'NEILL AND MARAPE TRASHED BY FULL BENCH OF SUPREME COURT, EXPENSIVE QCs LOSE COURT FIGHT

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Breaking News: Supreme Court Discharges Orders Preventing the Arrest of Peter O'Neill and James Marape. In a unanimous decision of the Supreme Court this morning, the Supreme Court dismissed the Appeal by James Marape and further discharged restraining orders preventing the arrest of O'Neill and Marape in relation to payments made to Paraka Lawyers. In this Appeal, James Marape filed taxation proceedings and used it to prevent the arrest of himself and O'Neill. The Supreme Court earlier issued blanket restraining orders against Police from arresting O'Neill, Marape and their lawyers/agents etc. This morning, the Supreme Court unanimously (all three members :- Hartshorne, Makail and Sawong) ruled that the Originating Summons does not raise any allegation that Police and members of Task-Force Sweep had abused the process or compromised their position in effecting the arrest. There is no claim that the Police are seeking to prevent the taxation proceeedings either

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 an

PETER O'NEILL'S QUEST FOR SELF PRESERVATION ADULTRATING THE JUDICIARY.

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by DIANNE RUT Peter O'Neill's long-running legal battles were merely to protect himself. He managed to corrupt the independent institutions like Police and Ombudsman Commisson to protect him. He is spending millions of kina in legal fees legitimised by his corrupt Attorney General Ano Pala. He has cannibalised all the small parties including coalition members.  He has used the DSIP funds as a tool to force MPs to migrate to the Government, leaving the opposition weak numerically. Penetrating the Protected -Judiciary We have witnessed his unrestraint behaviour in exploiting and testing the limits of the Court process, ably assisted by legal predators. It is open secret that a few judges have been compromised in the process and stood up for him.  New Developments O'Neill has manipulated his corrupt government to introduce a bill without notice in Parliament today (23/3/16) to introduce a High Court. The Bill was never in the notice paper, nor was the idea of

"BRING YOUR FILES TO COURT" - MARAPE

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by JAMES MARAPE MP Good evening all who are friends with me on FB. My last FB post was in my disgust in the manner in which Paul Paraka Lawyers (PP lawyers) without conscience to the harm they do to name and reputation of others continue to bring in questionable claims for settlement by State. Today ( 1st of March 2016) PP lawyers asks me to apologize and withdraw the statement I wrote on the basis that they had secretly without many of us knowing, had a Supreme Court order of 11 July 2014, in the decision of their 2006/2007 matter against state ( SCR 15 of 2006 and SCR 3 of 2007). His letter reminded me and I quote him " Order # 3 all persons or parties connected directly or indirect in respect of all matters emanating or arising from the investigation and disputes over the PP legal bills, including those involved in the relevant court proceedings, police investigations and members of the public at large are restrained and prohibited from making or publishing any m

POLITICAL INTERFERENCE SEES CONTRACT OF NEW COURT HOUSE TO PM'S "WIFE" COMPANY

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PNGBLOGS The awarding of contract of the construction of the new Supreme and National Court Complex in Waigani worth K430 million is being heavily politicised and the awarding of the contract by NEC for unknown reasons has been delayed for two months now. Although It has been budgeted in the 2016 budget and planned to be completed before the APEC Conference in Port Moresby in 2018. The awarding of the contract went through the the bureaucratic process by going through the Central Supply and Tenders Board before being submitted to the National Executive Council (NEC) it's recommendation. The NEC submission in awarding a contract of the construction of the Supreme and National Court complex in Waigani is based on Supply and Tender Boards submission while in turn is based on careful and professional technical and financial assessment. CSTB have shortlisted 3 very qualified and experienced bidders that we're recommended to NEC. And they are in preference from 1- 3; 1.China Rail

THE NATIONAL’S EDITORIAL WAS BIASED

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by NEMO YALO*  The National (19.10.15) in its editorial labelled the Opposition’s move to bring a motion of no confidence against the Government as “premature”. Referring to the speculated motion of no confidence it opened with the line: “Has Papua New Guinea gone to the dogs?” This is a seriously preposterous and bias characterization of a healthy process of democracy. Whether a motion of no confidence in the Prime Minister is tabled or not and what the outcome will be if it is voted is a matter for Parliament. What must not go unchallenged is The National’s lopsided and politically biased editorial. The editorial attempted to demonstrate balance by quoting what the Opposition and its members said in a recent press conference and then quoted the Prime Minister’s response to the Supreme Court ruling on 4 September 2015 which nullified the so-called “grace period” Constitutional amendment. The invalidated constitutional amendment granted a government 30 months i

DIRECTOR OF FRAUD FORMALLY CHARGED

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by  BRYAN KRAMER   Director of National Fraud & Anti-corruption Directorate Mathew Damaru was formally charged by Police under Section 197 of Criminal Code for allegedly making a false declaration and statement. The provision is in the following terms; "(1) A person who, on any occasion on which he is permitted or required by law to make a statement or declaration before a person authorized by law to permit it to be made before him, makes a statement or declaration before that person that is to his knowledge false in a material particular is guilty of a misdemeanour." "Penalty: Imprisonment for a term not exceeding three years." "(2) A person cannot be convicted of an offence against Subsection (1) on the uncorroborated testimony of one witness." The charges relate to Contempt of Court proceedings filed against the Commissioner of Police Gary Baki by Damaru and his Deputy Director Timothy Gitua. Both Damaru and Gitua filed the pro

SUPREME COURT RULES AGAINST MARAPE AND PM'S APPEAL

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Supreme Court today dismissed the appeal by Minister of Finance James Marape challenging an earlier decision allowing Director of National Fraud & Anti-Corruption join the Supreme Court proceedings that issued a interim injunction against Marape and Prime Minister's arrest. Marape's appeal to remove Damaru and Gitua was supported by the Prime Minister, Commissioner of Police and Attorney General and Paraka Lawyers. Damaru and Gitua were granted leave (permission) in March 2015 by Supreme Court Judge Terrence Higgins. Supreme Court proceedings were initiated by Marape challenging an earlier decision by the National Court in July 2014 refusing Prime Minister and Marape's application seeking an interim stay order from the Court preventing Police from arresting them in relation to fraudulent payments to Paraka Lawyers. After filing the SC proceedings Marape and Prime Minister then moved a further application asking SC to stay their arrest until the SC determines their app

PM MISLEADING AGAIN WITH RESPONDS TO COURT RULING

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by BRYAN KRAMER The Prime Minister's office released a media statement " Prime Minister Hon. Peter O'Neill Highlights the Importance of Political Stability - Notes Supreme Court Decision on Constitutional Amendments" Author of the press statement said the Prime Minister has received the Supreme Court ruling and parties respected the decision but it is important that the reasons behind the amendments are understood as it is an issue that will likely return again in the future. "This legislation was designed to further enhance the stability in the Government of the nation,” Prime Minister Hon. Peter O’Neill said. “This was for current and future Governments. “It should be noted that since the passing of the integrity law that came into effect in 2002, and these further amendments in 2012 and 2013, the country has enjoyed sustained economic growth averaging 8 per cent. “This is largely because of the political stability that is in our country. "As

SUPREME COURT RULES AGAINST O’NEILL GOVERNMENT

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by BRYAN KRAMER Full bench (5 Judges) of the Supreme Court chaired by the Chief Justice Salamo Injia has upheld former Ombudsman Commission Ila Geno and former Opposition Leader Belden Namah applications challenging the O’Neill Government’s amendments to Section 145 of Constitution relating to a motion of no confidence. Section 145 of the Constitution provides Parliament the power to move a motion of no confidence to remove the Prime Minister; his entire Cabinet (Ministers) or any individual Government Minister. The provision or section sets out the strict procedure or criteria to invoke these powers; which includes the grace period to which a motion of no confidence is prohibited (restricted), notice period required and number of MP’s needed to endorse or sign the notice of motion before Parliament can consider it. Before reporting the specific findings of the Supreme Court ruling I thought it appropriate to first provide some background context and history to help understand the i

COMMISSIONER QUERIES CONFIDENTIALITY OF POLICE INVESTIGATIONS BEING POSTED ON SOCIAL MEDIA

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by BRYAN KRAMER Today's post Courier ran a front page story suggesting the Commissioner of Police Gary Baki is querying how confidential investigations by National Fraud & Anti-Corruption ended up being posted on Social Media. The daily paper quoted Baki having concerns as to why there was a need to go to media on public matters which are supposed to be confidential police investigations. He added that the actions of Mr Damaru and Mr Gitua undermined the integrity of the office of the Commissioner of Police. "This is a serious breach of discipline and amounts to insubordination. In fact they are treating the office of the Commissioner of Police with contempt. Why wasn't I briefed prior to the securing of the warrant of arrest?" Mr Baki said. "Why wasn't I briefed in the three days prior to my directive for the briefing after having read this matter on Facebook?" he said. In response I would like to clarify that I never obtai

ITS SOMARE! COURT ORDERS SOMARE TO BE RESTORED AS PM

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Removed as MP but is he back? The Supreme Court of Papua New Guinea has given the O'Neill/Namah Government a major blow after it ruled this afternoon that the actions of the August the 2nd was unconstitutional and that there was no vacancy in the position of Prime Minister Sir Michael Somare. 3 out of 5 judges say there was no vacancy in PM's office and election of O'Neill was unconstitutional At this stage it is not sure what will happen to this government, whilst the court was in full bench ruling on the case, over at Parliament there was only one member of the opposition and the full government bench with the back-benchers debating the National Budget handed down last week. Reports are are sketchy at this stage but at this stage there is likely to be a show-down between the Judiciary and the Legislative brances of the government to interpret the ruling. In other developments, it was reported on overseas media that the Papua New Guinean government has passed a series of