Thursday, August 11, 2011

Somare’s tribunal hearing on hold


ANGORAM MP Arthur Somare has obtained a restraining order to have his leadership tribunal hearing deferred again pending a judicial review hearing in the National Court, The National reports.
The National Court in Waigani granted the order because Somare's argument to be made in the judicial review was based on merit and that the restraint was convenient to manage Somare's legal battles sprouting from the substantive tribunal matter.
State lawyer for the tribunal Sam Koim consented to the restraining order after convincing the court to have the due date set as Aug 24 for the order to lapse.
The matter to be dealt with first in the judicial review is to determine if the law allowed acting
public prosecutor Camillus Sambua to hand over his duty to another person.
It is in relation to state prosecutor Katwa Umpake signing the referral of Somare to the tribunal, instead of Sambua.
The tribunal had already dismissed the same appeal while pointing out that the signature on the referral did not alter the contents of the referral itself.
The tribunal had said that Sambua admitting to have authorised Umpake was sufficient.
But Somare had argued for a judicial review to question what laws allowed Sambua to pass his duty and job to another person.
The parties are expected to prepare for the review hearing set for August 22.
If a ruling is not made by Aug 24, the parties are expected to argue again for another adjournment, judge Panuel Mogish said.
Koim told the court that his client would not bring any extra documents to court.
The material before the tribunal would be used in the judicial review.

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