By SAMUEL RAITANO
THE East Sepik provincial government's Supreme Court special reference challenging the constitutionality of the O'Neill-Namah government entered the legal scene yesterday, putting to test the jurisdictional responsibilities of the chief justice and the attorney-general in assisting the court, The National reports.
The main drama was when points were raised between first intervener Attorney-General Dr Allan Marat's counsel and Chief Justice Sir Salamo Injia as to who should order the serving of the amended Supreme Court reference to the parties named.
This was because the attorney-general and the court shared the same discretion to serve the reference documents to the concerned parties, according to a provision of the Supreme Court rule used to pursue the matter.
In the melee, the referrer's lawyer, Ian Molloy, announced that the "amended" special reference was filed and served early yesterday morning in court and to the defendants before the 9.30am hearing.
The Supreme Court reference was filed on Aug 5 and an amended version was filed yesterday.
The court was told that the amended special reference superseded the previous special reference.
Counsel Manuel Varitimos, for the attorney-general, denied receiving any written document on the amendment.
The court battle promised to gain momentum as lawyers Virgil Narokobi and Kelly Naru for the Ombudsman Commission and the clerk of parliament respectively announced their intentions to join the proceeding as intervening parties.
Narokobi said the Ombudsman Commission was ready to join in the matter and would file their application to do so on the court's direction.
He said the reference was to do with the interpretation and application of constitutional laws which his client was interested in.
Naru said he would make two separate applications to intervene.
One was for the clerk of the parliament in person and the other for the national parliament.
The court raised concern as to whether the jurisdiction in representing the parliament in court lay with the clerk or the speaker.
The attorney-general, in his draft orders, had named seven parties as the ones interested in the matter and who should be personally served with the reference documents.
The parties are Grand Chief Sir Michael Somare, former acting prime minister Sam Abal, Prime Minister Peter O'Neill, Deputy Prime Minister Belden Namah, Parliament Speaker Jeffery Nape, the Ombudsman Commission and the national parliament.
Varitimos also sought the court's approval to personally serve Sir Michael the reference information because "there was no evidence whatsoever proving that Sir Michael was not able to receive it in person".
This point was received with murmurs from the court audience, prompting Sir Salamo to highlight that Sir Michael was under health care in Singapore.
The court highlighted that interested parties were not restricted to the seven and directed that any other parties wanting to join in had to make their applications by Thursday.
This was due to the state's argument that it did not want to have any other party filing similar references on the same matter later.
The court directed the attorney-general to serve the sealed documents personally to the parties concerned before next Tuesday for further directions
Tuesday, August 16, 2011
Kundiawa-Gembogl by-election update
By ZACHERY PER
ONE of two female contenders running in the Kundiawa-Gembogl by-election was eliminated yesterday, The National reports.
Independent candidate Christina Num Nulai, who polled 13 primary votes, was eliminated and her second preferences were distributed among 42 other candidates.
The other female candidate, Susan Dua Dingi, is still in the race with 93 first preference votes.
William Gumane, who picked 13 votes in the first count, was also eliminated.
Prime Minister Peter O'Neill's People's National Congress candidate Peter Waieng maintained a comfortable lead yesterday with 6, 583 votes a difference of 1,629 votes with nearest rival and former agriculture minister Mathew Siune on 4,957 votes.
Running third was Constitutional Democratic Party candidate Tobias Kulang on 4,034 votes. In fourth place was former Kundiawa-Gembogl MP Wagi Merimba with 3,726 votes.
People's Party candidate Paul Gende is in fifth place with 3,571 votes. A total of 51,643 ballots were distributed among the candidates after the eliminations yesterday.
The absolute majority was set at 25,822 and the eliminations will continue today.
Chimbu provincial elections manager Steven Gore Kaupa applauded the excellent efforts of counting officials under the guidance of returning officer James Piapia and staff from the PNG Electoral Commission.
He commended them for the successful completion of first reference counts and urged them to continue the good work in the second and third preference counts.
In a written message to the Kundiawa Lutheran Day counting centre, Electoral Commissioner Andrew Trawen commended the counting officials and their coordinators for the excellent execution of the counting progress, especially in completing the first counts.
Trawen also praised party officials and members of the police mobile squad 07 from Mt Hagen and squad 08 from Kerowagi for providing security during the polling and counting
ONE of two female contenders running in the Kundiawa-Gembogl by-election was eliminated yesterday, The National reports.
Independent candidate Christina Num Nulai, who polled 13 primary votes, was eliminated and her second preferences were distributed among 42 other candidates.
The other female candidate, Susan Dua Dingi, is still in the race with 93 first preference votes.
William Gumane, who picked 13 votes in the first count, was also eliminated.
Prime Minister Peter O'Neill's People's National Congress candidate Peter Waieng maintained a comfortable lead yesterday with 6, 583 votes a difference of 1,629 votes with nearest rival and former agriculture minister Mathew Siune on 4,957 votes.
Running third was Constitutional Democratic Party candidate Tobias Kulang on 4,034 votes. In fourth place was former Kundiawa-Gembogl MP Wagi Merimba with 3,726 votes.
People's Party candidate Paul Gende is in fifth place with 3,571 votes. A total of 51,643 ballots were distributed among the candidates after the eliminations yesterday.
The absolute majority was set at 25,822 and the eliminations will continue today.
Chimbu provincial elections manager Steven Gore Kaupa applauded the excellent efforts of counting officials under the guidance of returning officer James Piapia and staff from the PNG Electoral Commission.
He commended them for the successful completion of first reference counts and urged them to continue the good work in the second and third preference counts.
In a written message to the Kundiawa Lutheran Day counting centre, Electoral Commissioner Andrew Trawen commended the counting officials and their coordinators for the excellent execution of the counting progress, especially in completing the first counts.
Trawen also praised party officials and members of the police mobile squad 07 from Mt Hagen and squad 08 from Kerowagi for providing security during the polling and counting
Violence rocks Mendi
By JEFFREY ELAPA and JAMES APA GUMUNO
MANY people were wounded and thousands of kina worth of properties damaged as armed supporters of two acting provincial administrators clashed in the Southern Highlands capital, Mendi, yesterday, The National reports.
Provincial police commander Chief Supt Teddy Tei confirmed that the supporters of reappointed provincial administrator William Powi and those backing sidelined acting administrator Lawrence Olkoben clashed using sticks, stones and bush knives.
There were reports of guns being used but police could not confirm that.
Reports that two men died in the clash could not be confirmed as well last night.
Tei said as Powi flew into Mendi to take up his acting appointment as administrator, armed supporters of Olkoben tried to prevent him from entering the seven-storey Agiru Centre.
Fight then broke out in front of the provincial administration building with bush knives, sticks and stones being used.
"I condemn the action of the people of Nipa for supporting the sidelined administrator by arming themselves and having no respect for the law and other people of Southern Highlands.
"These are the actions of lunatics. They are not human beings with common sense," Tei said.
He commended the handful of policemen and local leaders who managed to contain the situation from spreading further.
All government offices and stores in town closed as the violence spread onto the streets.
Many vehicles had their windscreens smashed by flying missiles.
Olkoben confirmed that several of his supporters were wounded while thousands of kina worth of properties was damaged.
He said the provincial government would pay for all the damages as assured by Governor Anderson Agiru yesterday.
He said seven people were critically wounded and had to be admitted at the Mendi General Hospital while another three were transferred to Mt Hagen in Western Highlands.
Olkoben said he would continue to occupy the office until a permanent appointment was made by the NEC.
Powi blamed Olkoben for starting the commotion.
He said he flew into Mendi to take up his acting appointment but was surprised by the armed supporters.
He said NEC was the final appointing authority and the PEC and Olkoben had to respect due process and allow him to resume and take control of government administration in the province.
A government spokesman said cabinet last week rescinded the appointment of Olkoben because it did not follow proper process.
"Olkoben's appointment fell short of the Public Service Commission requirements and cabinet acted to correct this," he said.
"People must understand this process and what happened in Mendi is a criminal act that the police must deal with," the source said.
Powi was appointed by NEC last Thursday during the changes to some departmental heads.
Mendi hospital chief executive officer Joseph Turian confirmed yesterday afternoon that nine people had sustained pellet wounds and were treated at the hospital.
Turian said while the hospital was opened yesterday, those who sought treatments were charged K1,000 each.
He said the high fee was imposed because hospital staff were forced to attend to patients as a result of a problem brought on by their own doing.
MANY people were wounded and thousands of kina worth of properties damaged as armed supporters of two acting provincial administrators clashed in the Southern Highlands capital, Mendi, yesterday, The National reports.
Provincial police commander Chief Supt Teddy Tei confirmed that the supporters of reappointed provincial administrator William Powi and those backing sidelined acting administrator Lawrence Olkoben clashed using sticks, stones and bush knives.
There were reports of guns being used but police could not confirm that.
Reports that two men died in the clash could not be confirmed as well last night.
Tei said as Powi flew into Mendi to take up his acting appointment as administrator, armed supporters of Olkoben tried to prevent him from entering the seven-storey Agiru Centre.
Fight then broke out in front of the provincial administration building with bush knives, sticks and stones being used.
"I condemn the action of the people of Nipa for supporting the sidelined administrator by arming themselves and having no respect for the law and other people of Southern Highlands.
"These are the actions of lunatics. They are not human beings with common sense," Tei said.
He commended the handful of policemen and local leaders who managed to contain the situation from spreading further.
All government offices and stores in town closed as the violence spread onto the streets.
Many vehicles had their windscreens smashed by flying missiles.
Olkoben confirmed that several of his supporters were wounded while thousands of kina worth of properties was damaged.
He said the provincial government would pay for all the damages as assured by Governor Anderson Agiru yesterday.
He said seven people were critically wounded and had to be admitted at the Mendi General Hospital while another three were transferred to Mt Hagen in Western Highlands.
Olkoben said he would continue to occupy the office until a permanent appointment was made by the NEC.
Powi blamed Olkoben for starting the commotion.
He said he flew into Mendi to take up his acting appointment but was surprised by the armed supporters.
He said NEC was the final appointing authority and the PEC and Olkoben had to respect due process and allow him to resume and take control of government administration in the province.
A government spokesman said cabinet last week rescinded the appointment of Olkoben because it did not follow proper process.
"Olkoben's appointment fell short of the Public Service Commission requirements and cabinet acted to correct this," he said.
"People must understand this process and what happened in Mendi is a criminal act that the police must deal with," the source said.
Powi was appointed by NEC last Thursday during the changes to some departmental heads.
Mendi hospital chief executive officer Joseph Turian confirmed yesterday afternoon that nine people had sustained pellet wounds and were treated at the hospital.
Turian said while the hospital was opened yesterday, those who sought treatments were charged K1,000 each.
He said the high fee was imposed because hospital staff were forced to attend to patients as a result of a problem brought on by their own doing.
Monday, August 15, 2011
Mt Hagen ends 50th cultural show
By YVONNE HAIP
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| Two girls leading adults in a singsing group.-Nationalpic by YVONNE HAIP |
Although the Enga cultural show was held over the weekend, the show, which was first held in 1961, attracted some 570 tourists, a 100% increase, compared to last year's 250.
Two Italian tourists, Giovani Rainero and Francesca Fronte, who travelled from Milan, said it had been worth getting first-hand experience of Papua New Guinea.
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| Tourists mingling with traditional dancers |
As first-timers to the country, they said they had been told negative stories about PNG and its crime rate but they had disproved that and had met many friendly people and they would return.
Many singsing groups from all over the country took part and it was a display of PNG's unique and diverse culture.
Several local singers, including Lista Serum and K-Dumen belted out their hits and the amphitheatre, as usual, was packed to capacity.
Some youths, despite the mud after the rainy season, danced away as their favourite bands played.
The show was witnessed by a delegation of ministers, led by Deputy Prime Minster Belden Namah.
Culture, Arts, and Tourism Minister Benjamin Philip said culture was an important heritage of the country and had to be upheld and strengthened.
He said westernisation was luring youths away from culture but he urged the people to uphold their identity.
He committed K10,000 towards the show's organising committee.
Governor Tom Olga, who officially opened the show, said culture was the pride of their ancestors, the current and future generation and should be passed on
Cases against government thrown out
By JEFFREY ELAPA
THE court proceeding taken against the Prime Minister Peter O'Neill and his deputy Belden Namah by the former forest minister Timothy Bonga and national president of the National Alliance party Simon Kaiwi has been withdrawn, The National reports.
The parties named in the proceeding were O'Neill, Belden Namah, Bulolo MP Sam Basil, Hagen MP William Duma, Speaker Jeffery Nape and Attorney- General Dr Allan Marat.
O'Neill told reporters that Bonga and Kaiwi filed a notice to withdraw the Supreme Court judicial reference last Tuesday but the reason for the withdrawal had not been made known.
Court documents were filed at the court registry last week and the matter is expected to be withdrawn officially in court today.
Late last week, O'Neill said: "So far there is no case before my government after the previous Supreme and National court references by Abal have been thrown out.
"It was obvious that 70 members have supported me for a change of government, therefore, there was no need for any court cases," he said.
However, when asked about another court proceeding taken by the East Sepik provincial executive council for a judicial constitutional reference, O'Neill said he was never served any copy of the proceeding and, therefore, he was not aware of it.
He said he only learnt of it in the media.
But to date he was satisfied that there was no pending case against his government after the two previous supreme court interpretation proceedings had been thrown out.
He said his ministers were starting to settle into their new ministries and he was confident all would go well in the next nine months.
He said his government was serious about addressing corruption and maintaining good governance.
Meanwhile on the issue of the Manus asylum seekers detention centre, O'Neill said the NEC had approved the request by the Australian government.
He said a delegation will be flying into PNG to talk about setting up the centre and signing a memorandum of agreement.
He said as a signatory to the Bali agreement on human smuggling, PNG had to work with neighbouring countries like Australia to counter human and drug-smuggling as a security issue in the region.
THE court proceeding taken against the Prime Minister Peter O'Neill and his deputy Belden Namah by the former forest minister Timothy Bonga and national president of the National Alliance party Simon Kaiwi has been withdrawn, The National reports.
The parties named in the proceeding were O'Neill, Belden Namah, Bulolo MP Sam Basil, Hagen MP William Duma, Speaker Jeffery Nape and Attorney- General Dr Allan Marat.
O'Neill told reporters that Bonga and Kaiwi filed a notice to withdraw the Supreme Court judicial reference last Tuesday but the reason for the withdrawal had not been made known.
Court documents were filed at the court registry last week and the matter is expected to be withdrawn officially in court today.
Late last week, O'Neill said: "So far there is no case before my government after the previous Supreme and National court references by Abal have been thrown out.
"It was obvious that 70 members have supported me for a change of government, therefore, there was no need for any court cases," he said.
However, when asked about another court proceeding taken by the East Sepik provincial executive council for a judicial constitutional reference, O'Neill said he was never served any copy of the proceeding and, therefore, he was not aware of it.
He said he only learnt of it in the media.
But to date he was satisfied that there was no pending case against his government after the two previous supreme court interpretation proceedings had been thrown out.
He said his ministers were starting to settle into their new ministries and he was confident all would go well in the next nine months.
He said his government was serious about addressing corruption and maintaining good governance.
Meanwhile on the issue of the Manus asylum seekers detention centre, O'Neill said the NEC had approved the request by the Australian government.
He said a delegation will be flying into PNG to talk about setting up the centre and signing a memorandum of agreement.
He said as a signatory to the Bali agreement on human smuggling, PNG had to work with neighbouring countries like Australia to counter human and drug-smuggling as a security issue in the region.
Parkop slams Manus plan
NCD Governor Powes Parkop has reiterated his opposition to the deal to send Australia's asylum seekers to Manus Island, saying it is illegal and unconstitutional, Radio Australia reported, The National reports.
Parkop, a human rights lawyer who is from Manus, told the Australian broadcaster last Friday that he would challenge the Manus plan in court.
The cabinet of Prime Minister Peter O'Neill agreed last Thursday to re-open the Manus detention centre to accept asylum seekers from Australia.
This prompted his Australian counterpart Julia Gillard to announce that a memorandum of understanding with PNG on the centre would be signed soon.
However, Parkop, a key player in changing government on Aug 2, told Radio Australia people could only be detained in PNG if they had been charged with a criminal offence.
Australia said the facility on Manus would be a processing centre but the governor said if people were locked up it was illegal.
"That can open the floodgates for, you know, police or migration here to put anybody in detention," he said, adding that he was prepared to go to court.
Parkop told Radio Australia: "I think it's not right that Australia keeps on passing this problem to its neighbouring (countries such as) PNG and Nauru and now Malaysia.
"Not just (immoral) but improper for them to flaunt their international obligation by coming up with these schemes."
It also quoted Australia's immigration minister Chris Bowen as saying it would be several weeks before the centre was up and running.
Australian refugee groups have condemned the agreement, saying asylum seekers would not get the treatment they needed on Manus.
Australia's parliamentary secretary for Pacific island affairs Richard Marles said the asylum seekers would be treated with respect.
"We will be approaching this issue in a way which makes sure that those people who are transferred to Manus Island are dealt with in dignity and
as efficiently as possible," he told Radio Australia.
"That will be the underlying principle behind the way in which we deal with the individuals who go there."
Parkop, a human rights lawyer who is from Manus, told the Australian broadcaster last Friday that he would challenge the Manus plan in court.
The cabinet of Prime Minister Peter O'Neill agreed last Thursday to re-open the Manus detention centre to accept asylum seekers from Australia.
This prompted his Australian counterpart Julia Gillard to announce that a memorandum of understanding with PNG on the centre would be signed soon.
However, Parkop, a key player in changing government on Aug 2, told Radio Australia people could only be detained in PNG if they had been charged with a criminal offence.
Australia said the facility on Manus would be a processing centre but the governor said if people were locked up it was illegal.
"That can open the floodgates for, you know, police or migration here to put anybody in detention," he said, adding that he was prepared to go to court.
Parkop told Radio Australia: "I think it's not right that Australia keeps on passing this problem to its neighbouring (countries such as) PNG and Nauru and now Malaysia.
"Not just (immoral) but improper for them to flaunt their international obligation by coming up with these schemes."
It also quoted Australia's immigration minister Chris Bowen as saying it would be several weeks before the centre was up and running.
Australian refugee groups have condemned the agreement, saying asylum seekers would not get the treatment they needed on Manus.
Australia's parliamentary secretary for Pacific island affairs Richard Marles said the asylum seekers would be treated with respect.
"We will be approaching this issue in a way which makes sure that those people who are transferred to Manus Island are dealt with in dignity and
as efficiently as possible," he told Radio Australia.
"That will be the underlying principle behind the way in which we deal with the individuals who go there."
13 die in related accidents
By PISAI GUMAR
THIRTEEN people died instantly within 30 hours at the same location in two road accidents at Sasiang Farm in Morobe, The National reports.
When the Lae Fire Brigade was contacted after the second accident, seven officers led by chief provincial fire commander Alphonse Aime rushed to the scene of the accident.
But, on their way at a sharp corner past Erap Bridge, the two front tyres of the fire truck blew.
The fire truck veered off the road and overturned, with Aime and another officer suffering injuries to the head, shoulder and arms.
In the initial accident, the PMV Coaster was on its way to Lae from Mt Hagen when it collided with a KK & Sons semi-trailer.
The Dyna truck was returning from Madang when it, too, ploughed head-on into the semi-trailer left by the roadside.
Mutzing health staff said five people from the PMV died instantly with the others suffering severe body injuries and were taken to the Angau Memorial Hospital.
First Const David Waiko from Mutzing police, who attended the first accident, said he had asked the truck owner to remove the vehicle and trailer.
But the police instructions were ignored with the trailer left on the highway for a day and two nights.
The second accident occurred in the early hours of Saturday.
The Mazda Dyna was loaded with empty gas cylinders and boxes of medical drugs with six male passengers.
The vehicle, owned by a Manus man, is contracted to the Lae area base medical store for drug procurement, and was returning to Lae after delivering drugs to the Modilon General Hospital in Madang.
Patsy Saku, from Buingim village in Bukawa, Morobe, said 12 people had boarded the truck in Madang to go to Lae. But, at the Ono Bridge, Saku and five others got off and transferred to a Toyota Land Cruiser, leaving the others to continue the trip to Lae on the Dyna truck.
Zifasing rural police station commander Simon Sinanu and highway patrol senior constables Simon Auma and Moses Aris could not confirm the cause of the accident.
However, they said the impact of the collision
pushed the trailer 37m off the road and ripped off the truck's cabin, killing the driver instantly.
The crew member and two others in the cabin were crushed while four others at the back were trapped between the empty gas cylinders and the caved-in cabin.
All were crushed to death. Two were believed to be from Manus while six were from Bukawa.
Vehicles from East West Transport, Hi Lift and Shorncliffe (PNG) Ltd helped remove the trailer before Mutzing health officers could retrieve the bodies.
The semi-trailer was looted after the first accident. The accidents occurred along the Markham plains in Morobe while the vehicles were travelling to Lae from Mt Hagen (Western Highlands) and Madang respectively.
In one incident, a 25-seater Coaster PMV bus collided with a 22-wheel semi-trailer between 6pm and 9pm last Thursday, killing four passengers and a driver. Then, at 1am last Saturday, a Mazda truck returning from Madang crashed into the semi-trailer involved in the previous accident, which had been left without warning signals at the roadside, killing all eight aboard.
THIRTEEN people died instantly within 30 hours at the same location in two road accidents at Sasiang Farm in Morobe, The National reports.
 |
| The semi-trailer and truck after last Saturday's accident.-Nationalpics by PISAE GUMAR |
 |
| A closer view of the truck crushed under the semi-trailer |
When the Lae Fire Brigade was contacted after the second accident, seven officers led by chief provincial fire commander Alphonse Aime rushed to the scene of the accident.
But, on their way at a sharp corner past Erap Bridge, the two front tyres of the fire truck blew.
The fire truck veered off the road and overturned, with Aime and another officer suffering injuries to the head, shoulder and arms.
In the initial accident, the PMV Coaster was on its way to Lae from Mt Hagen when it collided with a KK & Sons semi-trailer.
The Dyna truck was returning from Madang when it, too, ploughed head-on into the semi-trailer left by the roadside.
Mutzing health staff said five people from the PMV died instantly with the others suffering severe body injuries and were taken to the Angau Memorial Hospital.
First Const David Waiko from Mutzing police, who attended the first accident, said he had asked the truck owner to remove the vehicle and trailer.
But the police instructions were ignored with the trailer left on the highway for a day and two nights.
The second accident occurred in the early hours of Saturday.
The Mazda Dyna was loaded with empty gas cylinders and boxes of medical drugs with six male passengers.
The vehicle, owned by a Manus man, is contracted to the Lae area base medical store for drug procurement, and was returning to Lae after delivering drugs to the Modilon General Hospital in Madang.
Patsy Saku, from Buingim village in Bukawa, Morobe, said 12 people had boarded the truck in Madang to go to Lae. But, at the Ono Bridge, Saku and five others got off and transferred to a Toyota Land Cruiser, leaving the others to continue the trip to Lae on the Dyna truck.
Zifasing rural police station commander Simon Sinanu and highway patrol senior constables Simon Auma and Moses Aris could not confirm the cause of the accident.
However, they said the impact of the collision
pushed the trailer 37m off the road and ripped off the truck's cabin, killing the driver instantly.
The crew member and two others in the cabin were crushed while four others at the back were trapped between the empty gas cylinders and the caved-in cabin.
All were crushed to death. Two were believed to be from Manus while six were from Bukawa.
Vehicles from East West Transport, Hi Lift and Shorncliffe (PNG) Ltd helped remove the trailer before Mutzing health officers could retrieve the bodies.
The semi-trailer was looted after the first accident. The accidents occurred along the Markham plains in Morobe while the vehicles were travelling to Lae from Mt Hagen (Western Highlands) and Madang respectively.
In one incident, a 25-seater Coaster PMV bus collided with a 22-wheel semi-trailer between 6pm and 9pm last Thursday, killing four passengers and a driver. Then, at 1am last Saturday, a Mazda truck returning from Madang crashed into the semi-trailer involved in the previous accident, which had been left without warning signals at the roadside, killing all eight aboard.
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