Today (Thursday) at 2pm the Police and Army entered the Supreme Court to arrest
the Chief Justice on charges under the Criminal Code including breaches
of Sections 54, 56 and 57 of the Code, being Sedition, Interference with
Government Ministers and Interference with the Legislature. Complaints were made to Police early
this week concerning the Chief Justice, due to the statements made by
the Deputy Chief Justice Gibbs Salika and Justice Sakora concerning the
lack of judicial integrity of the Chief Justice and his compromise of
the Court Bench.
Belden Namah
The two Judges refused to deliver a decision in the
Special Reference concerning the questions of legitimacy of government
on the basis that:- a) Members of the Supreme Court Bench were effected by judicial bias, and
b) Members of the Supreme Court Bench brought the integrity of the Supreme Court into question, and
c) The Supreme Court Bench was compromised and that a proper decision
in accordance with law and untainted by bias was not possible.
The Chief Justice, Justice Kirriwom and Justice Gavara Nanu delivered
their decisions despite the statements by the two most senior Judges on
the Supreme Court. Many persons in the media including prominent
constitutional lawyer Loani Henao promptly called on the three remaining
Judges to resign, given their clear lack of independence and integrity
on the case. The Deputy Prime Minister in a press statement advised the
three Judges that they had 24 hours to resign or to face arrest for
sedition. The Chief Justice reacted to this by issuing a Warrant of
Arrest for the Deputy Prime Minister to be arrested and brought to the
Supreme Court at 1.30pm today to be dealt with for contempt. Police
determined to act on the complaints against the Chief Justice and
arrest him today and attended at the Supreme Court at 1.30pm along with
the Deputy Prime Minister. On entering the Court room to arrest the
Chief Justice, when the Chief Justice heard he was about to be arrested
and he fled from the Court room and locked himself in his Chambers. The
Director of Police Prosecutions and Assistant Commissioner Thomas Eluh
negotiated with the Chief Justice to leave the Chambers. The Deputy
Prime Minister has said “Enough is Enough. The Chief Justice has
ignored the proper exercise by the National Executive Council and the
Governor General of their Constitutional powers for his suspension, and
avoided the suspension by issuing a permanent Order to stay his own
suspension."
I believed the actions taken by DPM is warranted
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