THE matter concerning a K15.5 million payout granted to Madang businessman Peter Yama by the National Court in mid-April is before the courts again, The National reports.
Department of Justice and Attorney-General secretary Dr Lawrence Kalinoe has applied for a Supreme Court reference on the matter.
Kalinoe, acting for the state through lawyer Peter Donigi, is seeking to establish the validity of the payout and whether due legal processes were followed.
The reference application is seeking answers from as far back as Nov 28, 2002, when a deed of settlement was reached between Yama and the solicitor-general, and leading up to a
The state is arguing that the deed of settlement did not follow the basic principles of governance, highlighting parts 2, 3 and 6 of the Constitution dealing with the national legal system.
The State had also applied for a stay on the execution of the April 14 National Court decision.
The reference application was filed last month.
A three-judge bench comprising Chief Justice Sir Salamo Injia and justices Gibbs Salika and Bernard Sakora yesterday morning heard, and granted, an application by Yama seeking to be included in the special reference proceedings.
The matter was adjourned to next Monday for Yama’s lawyer, Ben Lomai, to submit a notice of objection to competency of the special reference sought by Kalinoe.
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