Abal: Pruaitch still in

Supreme Court causing confusion, says minister

 

FINANCE and Treasury Minister Patrick Pruaitch yesterday accused the Supreme Court of abusing its judicial powers and creating confusion and uncertainty in PNG laws, The National reports.

Pruaitch made his accusation in regards to last Friday’s Supreme Court decision which had been portrayed in the media as an automatic suspension for him from office.

In a three-page letter yesterday to Acting Prime Minister Sam Abal, Pruaitch said legal opinions he had sought advice that he was still minister and that Friday’s decision was a separate matter between Prime Minister Sir Michael Somare and the Ombudsman Commission.

“The Supreme Court was not asked to deal with the issue of suspension from office.

“The fact that it proceeded to consider the issue of suspension at its own choosing is a matter of grave concern bordering on abuse of judicial powers and in contravention of the courts’ rules and principles of precedents and finality in decision-making,” he said in his letter.

Abal affirmed Pruaitch as his minister last night.

Abal said: “He is still a minister in cabinet.

“He remains a minister until officers of the court have served legally binding decisions of the court on him.

“We will respect court decisions but he is a leader and must be respected too.”

Pruaitch told Abal that the parties before the Supreme Court case were Sir Michael and the Ombudsman Commission, thus, any decision arising out of that case “can only bind those parties and not me”.

“The implications of the Supreme Court opi­nion on the issue of suspension is to add further confusion and uncertainty in our laws.

“The Supreme Court presided by a panel headed by Justice Kirriwom suspended me on the interpretation that a leader is automatically suspended when the public prosecutor refers the leader to the chief justice.

“The second Supreme Court headed by Justice Sakora reversed and discharge that decision and made orders reinstating me as leader and minister.”

“The Supreme Court panel headed by Justice Sakora specifically made orders reinstating me as leader and minister.

“This court order is binding for all intents and purposes. Since the Supreme Court order of March 31,  no other Supreme Court order has been expressly made setting aside the March 31 Supreme Court order.

“Any action in contravention of the attached Supreme Court order would amount to contempt of the Supreme Court order.”

Last Friday’s Supreme Court decision did make direct references to the Pruaitch case (No.2)  claiming it “does not correctly represent the law” and that it “runs against the spirit and intent of section 271 (6) of the Constitution and the whole scheme of making leaders accountable for the sake of good leadership, good administration and good governance”.

Elsewhere, the decision stated: “For avoidance of doubt, we reiterate that suspension is triggered or takes effect from the moment a decision is made to refer a leader to a leadership tribunal by the public prosecutor.”

Yasause explains disappearing act

By SAMUEL RAITANO

 

THE case of the “disappearance” of murder suspect Theo Yasause was solved yesterday – by the good doctor himself, The National reports.

Yasause phoned The National newsroom from his Boroko police cell to say he had been there all the time; since April after all his application for bail was refused by the district, national and supreme courts.

There was confusion in court on Monday when neither the prison officers nor police could tell Justice Nicholas Kirriwom where Yasause was after he had failed to appear in court.

But, when he did turn up yesterday, the former director of the Office of Climate Change told Kirriwom, through his lawyer Canute Nidue, that they were not aware of a hearing the previous day.

Kirriwom did not question him further.

Nidue also apologised for not notifying the court that he would be representing Yasause in place of Copland Raurela.

Bomana jail commander Michael Mondia said Yasause had been remanded at Bomana in April after being charged with the wilful murder of former rugby league star Aquila Emil.

He said after initial court appearances, Yasause was removed from prison and kept at the Boroko police station.

Mondia said last week, he wrote a letter NCD metropolitan commander Supt Joseph Tondop to return him to Bomana but did not receive a reply.

The District and National courts had recommended that Yasause be remanded at Bomana while his case was pending in court.

Yesterday, Public Prosecutor Marriane Zurenuoc asked the court for a month’s adjournment to allow both parties to file pre-trial statements.

The court agreed to that and issued a fresh warrant for Yasause to be further remanded in custody.

Police, meanwhile, had blamed the public prosecutor’s office for failing to get a warrant from the National Court to have Yasause sent to Bomana after his court case two weeks ago.

Police said Yasause was at the Boroko police station all this time.

Zurenuoc, on Monday, told the court that they could not locate Yasause when asked by Kirriwom why he was not present for his hearing.

Zurenuoc also told Kirriwom that Yasause could not be located at the Boroko police cell on Monday.

 

Namah slams AG for giving poor advice

OPPOSITION leader Bel­den Namah says the country needs a new prime mi­nister and accuses Attorney-General Sir Arnold Amet of giving misleading advice on important constitutional matters, including the health status of the Prime Minister Sir Michael Somare, The National reports.

Namah, with the support of Rabaul MP Dr Allan Marat, Sir Puka Temu and Jamie Maxtone-Graham, said at a media conference that  the country lacked leadership and parliament must be recalled to appoint a new prime minister or dissolved the position to allow for fresh elections.

He said Acting Prime Minister Sam Abal was illegally occupying the position and called on the government to invoke section 142 (5) (c) of the Constitution to vote in a new prime minister.

Namah raised concern over legal advice given to the National Executive Council and parliament on important issues affecting PNG, including constitutional matters.

He raised the concern following the decision by a three-judge bench Supreme Court last Friday which cited Sir Michael for preventing a proper legal process from taking its course.

“The Supreme Court decision clearly indicates that some leaders can go to the extent of abusing the process to deliberately delay justice to protect personal interests,” he said.

Namah said the judiciary and the courts should not tolerate such tactics, especially cases involving parliamentarians “who are the lawmakers”.

“Politicians and people with legal background who are found to be abusing processes should be dealt with appropriately,” he said.

Namah was critical of the legal advice provided by the state lawyers.

“With Sir Arnold, a former chief justice, as the government’s chief legal adviser, it is hard to understand why there have been so many blunders,” he said

“It is such blunders that are costing the taxpayers millions of kina for legal advice provided to the government and even parliament.”

He said some high profiled cases included:

*Government ignoring fiscal processes in fiscal agreements over landow­ner benefits and local company content for the LNG project;

*Illegal re-election of Sir Paulias Matane as go­vernor-general;

*Continuous failure by government to meet the required 63-day (nine-week) parliament sittings;

*Sir Michael’s efforts in preventing the Ombudsman Commission from investigating him on official misconduct charges;

*Public Enterprises Minister Arthur Somare’s endless court attempts to stop the OC dealing with him for alleged misconduct charges;

*The failure by the government to appoint two medical doctors to report back in 28 days the condition of the prime minister; and,

*Failure by Abal to immediately appoint two new ministers after the suspension of Arthur Somare and Patrick Pruaitch.

“The Constitution, laws and independence of the judiciary are essential for democracy to survive,

This government and parliament Speaker have jointly destroyed the independence of parliament.”

 

Mitchell: K125m bills parked with Nasfund

By ALISON ANIS

 

NATIONAL Superannuation Fund (Nasfund) chief executive officer Rod Mitchell yesterday confirmed the controversial K125 million so­vereign community infrastructure treasury bills (SCITB) have been parked with Nasfund, The National reports.

“Nasfund is holding onto 125 million treasury notes issued under the Treasury Bill Act (2002). The notes won’t be released until the state clears its side,” Mitchell said.

He said that Nasfund had followed legal procedures but the state had not and must find a way correct that.

He said this following media reports yesterday where Minister for Communication Patrick Tammur announced that the K125 million was with Nasfund.

Mitchell argued that the information that came out in the media, including findings from the study conducted by National Research Institute which categorised the treasury bills as illegal, were incorrect.

In its report released last month, the NRI said the deal was done without the approval of parliament as required by the PNG Constitution sections 13 and 14, was not in line with the Public Finance Management Act and Bank of PNG Act, which limits government borrowing.

“The Public Management Act and Finance Act do not apply to treasury bills. This is different and as far as I know Nasfund has gone through legal process and I have all the legal documents with me to prove that,” Mitchell said.

 “The purchase of 125 million treasury notes was guaranteed by the state.

“Nasfund has invested based on that fact and plays no part in how the funds are to be used and for what purpose since the bill was issued for and on behalf of the state.”

In a press statement, the Nasfund board has sworn to no secrecy when arguing and justifying the legitimacy of the deal.

Treasury bills, the board argued, was issued under the Treasury Bill Act by signature and authority of the Treasurer and Minister for Finance Patrick Pruaitch, co-signed by the Minister for National Planning and Development Paul Tiensten with the sponsorship of Tammur.

The board, which includes John Jeffery, Reginald McAlister, Dr John Nonggorr, Lady Wilhemina Siaguru, Hulala Tokome, Graham Ainui and Murray Woo, said the superannuation fund’s contribution in the treasury bill “will yield 7.05 % if rolled annually”.

“All indications from the state are that the treasury note will be rolled over through the Central Bank which is normal for such instruments.

“This has been confirmed in recent NEC deliberations,” the statement read.

The board and Mitchell assured contributors that all was okay and that reports in the media were incorrect and lacked accuracy.

Somare suspended

Angoram MP and Public Enterprises Minister Arthur Somare (right) was yesterday suspended from office by a leadership tribunal hearing allegations of official misconduct against him, The National reports.

 The three-member tribunal is chaired by Justice Salatiel Lenalia. Somare's suspension was in accordance with section 27(2) of the Organic Law on Duties and Responsibilities of Leadership.

 It also consolidated the provision of section 28 of the Organic Law that a leader, once referred to a tribunal, is automatically suspended from office. The tribunal will, on Thursday, rule on applications for an adjournment until Aug 16 to give both parties time to prepare themselves. – Nationalpic by AURI EVA

 

Supreme Court rebukes PM

SIR Michael Somare has been castigated by the Supreme Court and cited for "preventing a necessary and proper legal process from taking its proper course", The National reports.

He has been accused of applying delaying tactics in his prolonged legal battle against the Ombudsman Commission which go against good public administration and good governance.

In a landmark decision last Friday, the Supreme Court dismissed all matters brought before it by Sir Michael.

In the process, the court made findings that clarified confusions surrounding the question of exactly when a leader ought to be suspended from office.

The Supreme Court decision by Deputy Chief Justice Gibbs Salika and justices Nicholas Kirriwom and Ambeng Kandakasi had restored the time of suspension of a leader back to the moment when the public prosecutor makes a decision to refer a leader to a leadership tribunal.

"For avoidance of any doubt, we reiterate that suspension is triggered or takes effect from the moment a decision  is made to refer a leader to a leadership tribunal by the public prosecutor ..." the court ruled.

This now meant that Public Enterprises Minister Arthur Somare and Treasurer and Finance Minister Patrick Pruaitch are automatically suspended as both had been referred to separate leadership tribunals.

Somare appeared before his tribunal yesterday and his suspension was confirmed by his own counsel.

An earlier decision in Pruaitch's case, relating to tendering of certain documents before the tribunal before suspension is effected, was found to be "bad law".

Suspension is not automatic only in the case of the referral of the prime minister, the chief justice and the public prosecutor.

All others, without exception, are covered by section 27(2) of the Leadership Code which states that leaders are suspended when the public prosecutor decides to refer them to a leadership tribunal.

While facing the leadership tribunal, Sir Michael decided to file certain proceedings in court raising questions of interpretation and application of the constitution mainly to review processes brought against him by the Ombudsman Commission and the public prosecutor.

Having made its decision, the court said: "The various steps Sir Michael took, through his legal counsel or advisers, were nothing short of an attempt at preventing a process ordained by law taking its proper course."

The court ruled that through the unnecessary delay tactics, Sir Michael denied himself justice and quicker options and reliefs under normal process.

"The process, albeit with much delay, has now been concluded with no direct challenge against its conclusion by Sir Michael.

"These proceedings, therefore, have no utility and have been a total waste of the court's time."

Costs were awarded against the PM.

Chief takes first few steps

By JEFFREY ELAPA

 

PRIME Minister Sir Michael Somare has been walking with aid in hospital and talking since last Thursday, although his recovery is expected to be slow, The National reports.

According to Brian Gomez, media adviser to State Enterprises Minister Arthur Somare, Sir Michael has been walking with assistance after weeks of being confined to bed in a hospital in Singapore after undergoing surgery.

Gomez said Sir Michael had been walking and talking since last Thursday.

He underwent heart surgery in April and then underwent two more re-construction surgeries.

Theresa Kumo, media adviser in the Prime Minister's Department, said, when asked for more information on Sir Michael, any official statement on the condition of the Grand Chief would come from the family of Sir Michael.

Kumo said although Sir Michael was recovering, it was too early to comment on anything because any statement would have to come from the family.

Last Tuesday, Sir Michael's son Arthur revealed to the nation of his family's intention to retire their father from active politics.

However, under the law, Sir Michael will have to officially declare his intention to step down from office and formally inform the head of state of his decision.

In the case of ill-health, the government may nominate two doctors to examine him and give their professional opinion on whether he is capable of continuing in office as prime minister.

It would be left to parliament to decide, if he was declared unfit to continue or decides to step down, on who should succeed him.

There were already reports of factions lobbying to get the top post and the leadership of the National Alliance party.

Meanwhile, it is understood that Fiji's prime minister  Frank Bainimarama, who is in Singapore to watch the netball world championship, is likely to visit Sir Michael in hospital. This, however, could not be confirmed with Fiji's permanent secretary for information Sharon Smith-Jones yesterday.