04-02-2013, 10:48 AM
Mr Rimua as Sec'y of DPE is part of the negotiations with IOC on the team to negotiate the 50-50 contract. Will he be dismissed due to this contempt charge and being found guilty? I would think so per PNG laws.
Govt officer is guilty of contempt of court
By TODAGIA KELOLA
SECRETARY for Petroleum and Energy Rendle Rimua has been found guilty by the National Court for contempt of court.
The National Court last Friday found Mr Rimua guilty and adjourned to a later date for submissions on penalty.
The guilty verdict follows an application by a John Siune who had filed a notice of motion, seeking punishment for Mr Rimua after claiming that Mr Rimua in his capacity as Secretary for Petroleum and Energy and being a person charged with contempt, had disobeyed the orders of the National Court and was guilty of contempt in two respects.
First, Mr Rimuna had failed by not complying with a two-day timeframe set by the court; and secondly, by not fully paying his (Mr Siune’s) unpaid entitlements.
Mr Siune had claimed that his entitlements totalled K372,903.86 but he only received K129,000.82.
The contempt charge arises out of a judicial review proceeding. The plaintiff John Siune, an officer of the Department of Petroleum and Energy, commenced proceedings against Mr Rimua, as the head of the Department.
In 2007, Mr Rimua had dismissed the plaintiff from the Public Service after finding him guilty of a disciplinary offence regarding unauthorised use of a departmental vehicle. The plaintiff sought review of his dismissal by the Public Services Commission (PSC), which inquired into the matter and found in the plaintiff’s favour on the ground that the disciplinary charges were defective and the plaintiff had been denied natural justice.
The PSC on July 7, 2010 decided that the plaintiff’s dismissal was annulled and he was to be reinstated and paid all lost salaries and entitlements. Mr Rimuna failed to comply with the PSC decision, and it was his failure to comply which became the subject of the judicial review proceedings.
The judicial review proceedings were the subject of two substantive orders of the National Court. First on December 22, 2011 Manuhu J ordered that the defendants shall reinstate the plaintiff to his substantive position with the Department of Petroleum and Energy forthwith and that the defendants shall compute and pay to the plaintiff all of his lost salaries and entitlements forthwith.
Justice David Cannings, in his decision, said for some reason, it was not clear why, that order was not complied with and this led the plaintiff to bring an initial charge of contempt against the contemnor.
Justice Cannings ordered that Mr Rimua is adjudged guilty of contempt of court in that he disobeyed the order of the National Court made on May 23, 2012 by not paying all unpaid entitlements due and owing to the plaintiff within the time set by the Court, the matter shall proceed to punishment which will be determined by the Court after a separate hearing on punishment, to be conducted at a date and time directed by the Court and the contemnor shall remain on bail on the same conditions as previously fixed, subject to his attendance at the hearing on punishment, to which he is summoned.
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