From JAMES WANJIK
THE Story, "Pala plans to thwart hire of foreign lawyers", (Post Courier, Wednesday, 14 July 2010 p.9) is what law so-called Papua New Guinea attorney-general Ano Pala knows and practices.
Preventing foreign lawyers is within Attorney General's powers. Is Pala the attorney-general or is he only a Minister for Justice? Can Pala or someone in the know shed light on this?
On the issue of contempt of Supreme Court, can Pala give court order preventing comment on public law such as the Environment (Amendment) Act 2010?
Law is for public purpose. Public interest will only be served if public is allowed to comment on its utility. What public purpose does Pala serve with his legally flawed edict denying freedom of expression that is guaranteed under the National Constitution?
A Supreme Court Appeal is within the rights of litigants. The dispute that would have given right to an appeal would be laid out in court for trial by the Supreme Court. If comments were made on these such comments may jeopardise fair trial and justice could be denied the litigants.
If, as Pala advises the public that, we have a Supreme Court Reference on the Constitutional validity of the Environment (Amendment) Act 2010, then the lawyers who advised Pala are very nervous.
Lawyers have four duties: duty to the law, duty to the legal profession, duty to the court, and duty to the client. All duties are equal. Lawyers who advised Pala have failed all four duties and should be referred to the Ombudsman Commission and the Law Society for professional and leadership misconduct.
Law on contempt of court is for the Supreme Court under section 160(2) of the National Constitution. It is for the Supreme Court to lay down the rules of the game. Pala is a bystander on the clap am omnibus.
Let the Supreme Court do its job Pals. You are not authorised by law to interfere in the jurisdiction of the Supreme Court.
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