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O'Neill Suspends SC Chief…..again

HomeForumsInterOil ForumO'Neill Suspends SC Chief…..again

This topic has 3 voices, contains 10 replies, and was last updated by  Tree 95 days ago.

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February 2, 2012 at 8:01 am #7027

Tree

With multiple questions on O’Neill/Somare sitch and rulings to be made on the constitutionality of Parliament’s moves to keep Somare from being PM, this could clear the way for favorable SC decisions on above matters. Could well a key development for ennerOle as a decisive decisions against Somare would clear the way for NEC to take up PA legislation.

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PNG’s O’Neill administration suspends Chief Justice
Posted at 08:32 on 02 February, 2012 UTC
Papua New Guinea’s Prime Minister says his cabinet has suspended Chief Justice Sir Salamo Injia to allow for allegations of misconduct in office against him to be heard.
Peter O’Neill says the allegations are very serious and the government has been troubled by them for some time.
The Prime Minister says the Chief Justice must be given every opportunity to clear his name against these allegations while the high office he holds should not be constantly dogged by them.
He says the decision by Cabinet has nothing to do with the Supreme Court decision in December which ruled that Mr O’Neill’s election as Prime Minister was unconstitutional, or related proceedings currently before the National and Supreme Court.
The panel inquiring into the allegations will be headed by retired judge Justice Graham Ellis.
Other panel members are retired judges Paul Akuram and Sir Kubulan Los.
Peter O’Neill says the government has allocated ten million kina for the tribunal.

———-
Attempt to suspend him prior to SC Dec. ruling which ‘yielded ‘dual PM’s failed last Nov.

11/11/2011
PNG Chief Justice Suspended

The Chief Justice of Papua New Guinea, Sir Solomon Injia has been suspended by the National Executive Council for contempt charges, with further allegations of double-dipping into housing entitlements and the abuse of the Salaries and Remuneration Commission.

PNG’s Chief Justice Sir Salamo Injia. Photo: The National
Acting Prime Minister, Mr Belden Namah made this startling announcement yesterday afternoon after a cabinet meeting. He added that there was overwhelming evidence on file dating as far back as 2009 to support this decision and people implicated in those files may most likely face charges of conspiracy to pervert the course of justice.

Mr Namah also announced that a tribunal bench was also setup to investigate these allegations. The Chair of the Bench is former Judge Paul Akuram, Justice Collin McCall and Justice George Manu.

Deputy Chief Justice Gibbs Salika will be acting Chief Justice while Bernard Sakora becomes the Acting Deputy Chief Justice for the duration of the suspension and investigation.

The Attorney General, Dr Alan Marat, when queried if this had anything to do with the current case before the Supreme Court questioning the legality of the O’Neil-Namah Government strongly denied any link but stated clearly that this was strictly an “NEC decision that was arrived at collectively by the cabinet.”

The Prime Minister, Mr Peter O’Neil is understood to be in Hawaii for the APEC Summit.

February 2, 2012 at 8:17 pm #7052

Tree

PNG freak show to convene Tues morn at 9:30 in g=front of SC.

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PNG chief justice suspension stayed: Supreme Court
By Online Editor
10:51 am GMT+12, 03/02/2012, Papua New Guinea

Suspended….Sir Salamo Injia The Papua New Guinea (PNG) Supreme Court has issued an order, staying the suspension of Chief Justice, Sir Salamo Injia.

At the same time, it’s cited Parliament-elect Prime Minister, Peter O’Neill, who’s Chairman of the National Executive Council (NEC) and its members for contempt. It’s cited lawyers Michael Wilson and Tiffany Twivey for contempt as well.

The court ordered the Registrar of the Supreme Court to lay formal charges of contempt against them.

This is after Cabinet’s decision last night to sideline Justice Sir Salamo which O’Neill announced yesterday

The Supreme Court further ordered O’Neill, Grand Chief Sir Michael Somare, Parliament Speaker, Jeffrey Nape, and 13 others, to appear before it next Tuesday.

All the 16 persons ordered before the High Court are all principal parties in the East Sepik Provincial Government Reference as well as related Supreme Court and National Court cases that have been filed as a result of appointments by both factions.

Other parties ordered to appear include Deputy Parliament Speaker, Francis Marus, Southern Highlands Governor, Anderson Agiru, Dr Allan Marat, Sir Arnold Amet, Jamie Maxtone-Graham, Police Commissioner, Tom Kulunga, and the Somare-appointed Fred Yakasa, PNG Defence Force Commander, Francis Agwi, and Somare-appointed retired Colonel, Yaura Sasa, First Legislative Council Hudson Ramatlap, former Community Development Secretary, Joseph Klapat, and the O’Neill-appointed acting Secretary, Anna Solomon.

They’ll appear before the three-man bench at 9.30 am next Tuesday.

February 2, 2012 at 11:10 pm #7055

oilmd9

But now…..Fri. CHIEF JUSTICE BLOCKED FROM ENTERING CHAMBERS

The Chief Justice was not allowed into the court house this morning by the police. The Acting CJ was allowed in. He is now in control of the courts. It is likely that the call for the relevant parties to appear on Tuesday will be rescinded.

February 3, 2012 at 8:14 am #7059

Tree

Hawkeye, The natural solution really is:

2 PM’s
2 Supreme Courts
2 SC Justices
2 Police Chiefs
2 Cabinets
2 LNG Projects

Operationally O’Neill’s Gov’t will run PNG, aid development of Gulf LNG and perform foreign diplomatic functions. Somare and his family and friends can operate their shadow gov’t from Somare’s Aussie beach house.

February 3, 2012 at 8:52 am #7061

oilmd9

Agree—-no easy solution. Just hope it does not delay the NEC,etc too long.

February 7, 2012 at 10:42 am #7235

Tree

OMG!! I hope JAPEX/KOGAS don’t hear about the political turmoil in PNG!!! Sir Mike has got to go.

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PNG court orders police out
By Online Editor
4:43 pm GMT+12, 07/02/2012, Papua New Guinea

Papua New Guinea’s Supreme Court has briefly adjourned hearings into the nation’s ongoing political dispute until a heavy police presence is removed from the court grounds, after the chief justice was barred from entering.

The court on Friday ordered all the major players involved in the recent political upheaval into court on Tuesday to give directions on a plethora of cases stemming from the 2011 constitutional case that restored deposed prime minister Sir Michael Somare to power following his four-month absence from PNG.

Also in the packed courtroom was Sir Michael’s political rival, PNG’s effective prime minister Peter O’Neill, as well as both men’s nominees for police chief and defence force chief.

But the three-man bench refused to continue hearings, ordering Police Commissioner Tom Kulunga to remove a heavy police presence from the court grounds.

“We want a free environment,” acting Chief Justice Gibbs Salika told the packed courtroom.

“Meaning the chief justice be allowed access to this court as well.

“We don’t want the judiciary to be under any threats.”

Chief Justice Sir Salamo Injia, the man who presided over last year’s five-man bench who ordered Sir Michael back to power, was not present on Tuesday morning.

Sir Michael’s son, Arthur Somare, told journalists the Supreme Court veteran had been prevented from entering through the court’s rear gate by police.

Sir Salamo was suspended by O’Neill and his cabinet on Friday, pending an investigation by a tribunal of judges into his alleged mismanagement of court funds.

However, the attempted suspension is being viewed cynically in PNG.

The O’Neill government tried to have the chief justice removed three times during the constitutional hearings last year following allegations of conflict of interest.

An attempt in November to suspend Sir Salamo citing the same misconduct charges landed Mr O’Neill’s deputy, Belden Namah, and Attorney-General Dr Allan Marat in jail on contempt charges.

Also present in court on Tuesday were Brigadier-General Francis Agwi and the man who two weeks ago tried to depose him as defence force chief, Colonel Yaurra Sasa. The failed mutiny was at the behest of Sir Michael.

Earlier, as some of PNG’s heaviest political players entered the court, signs of the turmoil that has gripped the 36-year-old nation since mid-December briefly vanished.

Walking into the packed courtroom, O’Neill and Namah shook hands with Sir Michael and members of his de facto cabinet.

Following the adjournment and in front of news cameras, an upbeat Sir Michael joked with his supporters about the press coverage.

“I hope they mention how handsome I am,” he said.

February 8, 2012 at 7:54 am #7281

Tree

SC hearings timetable to be set next week……if there is a next week in PNG!

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Court ruling in PNG power struggle again adjourned
Posted at 05:43 on 08 February, 2012 UTC
The Papua New Guinea supreme court says it will set a timetable next week to hear cases relating to the legality of a law passed by parliament to legitimise dumping the Somare government.
The court has ruled that it will set out a timetable for hearings on Monday.
In December, the supreme court ruled Prime Minister Peter O’Neill and the majority of parliament had acted unconstitutionally when they dumped the nine-year-old government of Sir Michael Somare, as well as ending the political veteran’s 43-year career in parliament.
Parliament reacted by passing retrospective legislation legitimising its decision, citing Sir Michael’s extended absence between late March and early September 2011 for medical reasons.
Amid mounting political unrest, which culminated two weeks ago in a failed mutiny at the behest of the ousted Somare cabinet, the court ordered all parties before a three-man bench on Tuesday.
The hearing was then adjourned to today.

February 8, 2012 at 1:26 pm #7312

Justin94360

Following on from
“Walking into the packed courtroom, O’Neill and Namah shook hands with Sir Michael and members of his de facto cabinet.”

Thought this was a great article and maybe wouldn’t take too much backstage negotiation to resolve this:

Kastom peacekeeping in PNG’s dark hour may yet cement Somare’s legacy

http://pacific.scoop.co.nz/2012/02/kastom-peacekeeping-in-pngs-dark-hour-may-yet-cement-somares-legacy/

Papua New Guinea’s power struggle appears locked in political combat, with an old Sepik strongman trying to claw back power from a new generation Highlander who made a pre-emptive raid on parliamentary numbers to secure the riches of electoral incumbency.

In classic Melanesian fashion, both are upping the ante with payback moves that are starting to spiral dangerously. Politics in Papua New Guinea does not always follow the niceties of process and protocol. Power is rarely given – it is taken.

A circuit breaker is required but who can do it? PNG has no Council of Chiefs, or a President, or a high profile religious leader.
Peter O’Neill

Prime Minister-elect Peter O’Neill … new-generation Highlander. Photo: PS/PMC

It has a Governor-General who appears paralysed and a judiciary that has become entangled. Somare is right to be concerned about the precedence set by a government that ignores a Supreme Court judgment.

Fortunately, PNG’s military culture has not developed like its neighbours in Fiji and Indonesia so they remain wary about vaulting over civilian rule, despite Colonel Yaura Sasa’s recent attempt at a military takeover – a one-day fizzler that attracted little support.

But PNG has a way out – via the floor of Parliament and a return to traditional kastom values by its leaders.

PNG has a Westminster system, but is also a Melanesian nation, part of a region where kastom values add a strong underlying current to politics and everyday life. The Melanesian Way is based on shared values of community, tolerance and consensus, rather than Western style individualism and confrontational party politics.

In his 1975 autobiography published in the same year he became PNG’s first Prime Minister, Michael Somare wrote about the wisdom of Sana, the kastom title he was bestowed with from his father and grandfather.

Special magic
Somare’s father told him:

Every clan has its own special magic, and ours is the magic of peace. When people come to fight us, we call them to eat first. We sit down together. We talk. We eat….we believe that after eating, their minds will be changed. They will not want to fight us anymore.

The role of a Sana is to be, by turns, a Fight Leader and a Peacemaker.

Somare used the Sana role of Fight Leader to unite and bring independence to his people. Now, 40 years later, in the twilight of his political career, he seems intent on maintaining this Fight Leader instinct when it may be time to draw on the Sana wisdom of Peacemaker instead.

Sir Michael could return to kastom values to resolve the crisis and preserve his legacy. He may have a Supreme Court judgment on his side, but PNG’s parliament and people have largely moved on from his rule. It would be better for those around him to focus now on his legacy and transition to the next generation so he is well remembered as the father of the nation who brought independence and later, helped transform the economy with significant investment.

He needs – and deserves – a dignified exit from politics with his nation at peace, not sliding into civil unrest and its institutions undermined.

Peace gesture?
After his Fight Leader gestures – backing an attempted coup and contempt charges against the PM – is the hope he will now make a Sana gesture of peace. A compromise might be to drop his claims to be PM as long as he can remain an MP, giving him 5 months in Parliament until the next election to manage his departure and rally those loyal to him.

Nor is the current impasse just about domestic politics and individual egos – the current situation reflects increasing geopolitical pressures on PNG as it emerges as the resource El Dorado of the South Pacific and an emerging Pacific power in its own right. It is strengthening the role of sub-regional groups like the Melanesian Spearhead Group (MSG) and becoming more assertive in regional fora.

Somare’s Look North policy means that his backers in Indonesia, Malaysia and China also have a stake in this fight, while the O’Neill government enjoys quiet support in Australia and the Pacific.

Under Somare, Indonesia knew it could always contain the movement in West Papua for independence from gaining institutional sympathy in PNG. But Deputy PM Namah has already signalled a tougher approach to Indonesia following an air incident and ongoing Indonesian military incursions into PNG.

Collision course
A new generation of PNG and Melanesian leaders are on a collision course with Indonesia over its continuing hold over West Papua.

In recent weeks, the MSG (representing PNG, East Timor, Solomon Islands, Vanuatu, Fiji and New Caledonia) has offered West Papuan leaders the opportunity to formally apply for observer status, something Somare (alone) had blocked before.

Canberra has not made any overt displays of support for the O’Neill/Namah government and maybe less concerned about who is in power now, as long as there is an orderly transition to an election in June, where it is quite possible that none of the current protagonists will emerge as PM.

Somare’s father gave him another piece of advice when he was young:

You don’t win people by being angry with them. Sana invites people. When you see a canoe coming, go down to the beach, help them to pull their canoe ashore. Invite them in. People will always remember the man who helped them to pull up their canoe.

The bottom line is that for most Papua New Guineans, they don’t care about the legal details of this constitutional crisis, they just want a government that delivers basic services to them without endless political instability and graft.

Will Papua New Guineans remember Somare as the man who helped them pull up their canoe?

That will depend much on whether the Grand Chief wishes to remain a Fight Leader or a Peacemaker in the final stage of a long and illustrious career. Kastom leadership and parliamentary process are the way out for PNG to resolve its crisis, if only Somare is allowed, and prepared, to sit down in Parliament and “eat” with his “enemies”.

By reverting to kastom peacemaking in a dark hour, Somare would cement his legacy as a statesman in PNG and throughout the Pacific.

Ben Bohane is communications director of the Pacific Institute o

February 9, 2012 at 1:26 am #7343

Justin94360

Court case continues

All matters stayed, Judges to deal with reference raised by Marat

By TODAGIA KELOLA and GORETHY KENNETH

THE Supreme Court yesterday waded out of the quagmire caused by the political impasse by taking a major step towards a road map to resolve the issues at hand.
The three men bench comprising Deputy Chief Justice Gibbs Salika, Justices Bernard Sakora and Nicholas Kirriwom stayed all matters afoot at the court except to deal with references raised by Attorney General Dr Allan Marat.
The Supreme Court will first determine the Section 19 Special Reference filed by Dr Marat and then move to address all other proceedings.
This decision effectively stays the suspension of Chief Justice Sir Salamo Injia by the Governor General and restored him to his post as head of the judiciary.
This now means that the other 13 proceedings which were filed in the National Court and the Supreme Court including all the contempt charges and an application by the Prime Minister Peter O’Neill and the NEC to set aside the stay order on the suspension of Justice Sir Salamo are stayed until the determination of the Supreme Court Reference.
When the court resumed yesterday morning Deputy Chief Justice Gibbs Salika delivered the three men’s decision stating that the Marat Reference should be dealt with first because it deals with the legitimacy of the Government and that all other proceedings relating to it will have to wait until the reference is determined.
The reference to be dealt with relates to 29 questions raised by Dr Marat in the Supreme Court after the events of December 12 last year when the Supreme Court ruled 3-2 that the August 2 election of Prime Minister O’Neill was unconstitutional and reinstated grand chief Sir Michael Somare as PM.
The questions deal with the decisions of Parliament between December 9 to 12 which relate to the vacancy in the East Sepik Provincial Seat held by Sir Michael, amendments to Prime Minister and NEC Act 2002 and the election of O’Neill as the Prime Minister.
The three men bench then sought the views of the lawyers. The O’Neill team agreed in principle with Counsel Manuel Varitmos for deputy Prime Minister Belden Namah, handing up a draft order for an extension of his clients bail conditions.
The Counsel for the Supreme and National Court Registrar asked if the contempt proceedings initiated by his client can be treated separately in that maybe only some are related to the legitimacy question.
Counsel representing Sir Michael Somare, Mr Kerenga Kua supported the Registrar’s submission but stated that they have two issues in the matter. These are the standing of the Referrer Dr Allan Marat on whether he has standing to file a section 19 reference; and that their contempt proceedings SCOS 1 of 2012 can also be dealt with because it basically deals with the enforcement of a Supreme Court order which is yet to be effected up until now.
This triggered discussions on the competency issue between the Judges and Mr Kua.
Justice Sakora asked if these proceedings can be adjourned until the legitimacy question is determined. He also stated that after 36 years there is no record of the court been sent to the enforcement arena while the Justice Salika said “we may not have anyone with standing for the section 19 reference”.
Lawyers Tiffany Twivey and Michael Wilson also enquired on their application to set aside a contempt proceedings against them and their client and an application to set aside the stay orders of Chief Justice Sir Salamo Injia’s suspension.
The three judges agreed that all proceedings including the contempt proceedings are stayed until the determination of the reference.
Next Monday the same bench will sit and decide on how many members of the bench will hear the reference and will also make directions to fast track the substantive hearing of the reference.

February 12, 2012 at 11:42 am #7482

Tree

Timetable for SC to hear cases – again, in attempt to end dual PM situation. Looks to like Parliament won’t want to hear Somare is legit.

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PNG Supreme Court to rule on political deadlock
Posted at 16:25 on 12 February, 2012 UTC
The Papua New Guinea Supreme Court is today due to set a timetable to hear cases relating to a law passed by parliament to legitimise the dumping the Somare government.
The court announced last week it would lay out the order in which it would hear the cases.
Don Wiseman has more.
“It is the latest development after weeks of turmoil following the Supreme Court ruling in December that Prime Minister Peter O’Neill and the majority of parliament had acted unconstitutionally when they dumped the nine-year-old government of Sir Michael Somare, as well as ending the political veteran’s 43-year career in parliament. Parliament reacted to the Court decision by passing retrospective legislation legitimising its decision, citing Sir Michael’s extended absence from April until early September 2011 for medical reasons. Sir Michael had been in Singapore for cardiac treatment. The move led to the establishment of rival governments which culminated two weeks ago in a failed mutiny at the behest of the Somare administration. The O’Neill government has been endeavouring since before the December ruling to have the Chief Justice Sir Salamo Injia removed but the Supreme Court has placed a stay on that move, though today’s proceedings are likely to be presided over by his deputy, Gibbs Salika.”

February 13, 2012 at 9:03 am #7487

Tree

SC hearing pushed back another week. Nice quote by Art. He’s making this personal. Throw him in jail!

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PNG Supreme Court sitting on validity of government put back another week
Posted at 07:11 on 13 February, 2012 UTC
Sir Michael Somare’s son Arthur has vowed to continue the legal fight to have the O’Neill government turfed out of office after the Supreme Court of Papua New Guinea adjourned for another week.
The court convened today and was expected to issue more directions for fresh hearings on the constitutionality of parliament’s move to legalise its decision to end the 43-year political career of Sir Michael late last year.
However, neither side, except lawyers for the deputy prime minister, Belden Namah, had filed documentation, prompting the court to reschedule its directions hearing until next Monday.
The deputy chief justice, Gibbs Salika, says the court has decided to hear all the applications who wish to be joined as interveners.
Lawyers for the O’Neill government had raised the issue of Sir Michael Somare and his followers appointing heads of departments.
And Justice Salika says the issue now before the Supreme Court is about the legitimacy of the government and only a legitimate government can make appointments.
He says they can wait for the Supreme Court reference, then they can go hell fire if they want to.
Outside the court, Arthur Somare told reporters he would not give up the fight to have the government of Peter O’Neill thrown out, even if Mr O’Neill won the election, which is set for June this year.

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