Showing posts with label National Justice Systems - News. Show all posts
Showing posts with label National Justice Systems - News. Show all posts

Wednesday, May 4, 2016

Basil takes over as Opposition leader

Source: The National, Thursday May 5th, 2016


By CLIFFORD FAIPARIK 
PANGU Party leader Sam Basil is the new Opposition leader.
He takes over from Triumph Heritage Party leader Don Polye after the National Court suspended Polye as the Kandep MP over uncounted votes in five ballot boxes in the 2012 general elections.
Polye, in handing over the position to his deputy and Bulolo MP Basil yesterday, said he stepped down from Parliament by respecting the law.
“Although I disagree with the court ruling, we need to set an example to our people – and to the Prime Minister Peter O’Neill and Police Commissioner Gari Baki about respect for the law. 
“So, I therefore accept my 30 days suspension from Parliament. I wish, for the sake of our country, PNG, and its people, that O’Neill would similarly subject himself to the decision of courts and a Leadership Tribunal in order to prove his innocence or the courts to prove his guilt.”
Basil said that he would lead 11 Opposition MPs to provide an effective Opposition against the Government on issues that the Opposition believed were not best for PNG. “I also call on other MPs implicated in cases before the courts, and some of them are still operating as MPs under court orders and not respecting the courts,” Basil said. 
“I believe that what Polye has done today, we must see as an example to follow, particular O’Neill and his government and his ministers. 
“They are not following the law and not respecting court orders,” he said.
“They are also using the courts to prolong their stay.”

Saturday, August 15, 2015

Suspended

Source: The National,Friday August 14th, 2015
 
By CHARLES MOI 
THE National Court has suspended an eight-year jail term it imposed on former National Provident Fund chairman Jimmy Maladina on fraud charges, and placed him on a two-year good behaviour bond.
Deputy Chief Justice Sir Gibbs Salika convicted Maladina in May on one count of conspiracy to defraud the NPF (now Nasfund) of K2.65 million between November 1, 1998, and October 10, 2000, and one count of misappropriation of the superannuation funds between February 26, 1999 and July 30, 1999.
Sir Gibbs imposed a sentence of six years on the first count and eight years on the second count, to be served concurrently.
Sir Gibbs explained in his 28-page ruling that the suspension of the eight-year jail term was because Maladina had repaid more than the K2.65m taken.
He also took into account the long delay to have the matter tried, which denied Maladina’s “constitutional right to a trial within a reasonable time”.
“The State had a primary role to expedite his trial,” Sir Gibb said.
He also noted that Maladina “will no longer be able to practice law ever again”, and “will suffer in that he will have to find other ways to survive”.
Sir Gibbs said a pre-sentence report by current Nasfund chief executive officer Ian Tauritia stated that the organisation had since flourished from K1.24 million to K3.8 billion “making (Maladina’s court) case look stale and of little consequence”.
Maladina made full restitution on July 24 and had sold his assets in Australia worth AUD$500,000 which was paid to National Superannuation Fund (Nasfund).
Sir Gibbs also pointed out that others involved in the fraud were never charged.
“I think the prisoner (Maladina) has learnt a valuable lesson from this case, is not likely to re-offend and is not a danger to society,” Sir Gibbs said.
Maladina, 49, from Mena’ala village in Esa’ala, Milne Bay, elected to remain silent during the proceeding.
A lawyer by profession, he is married and has four children now living and studying in Australia.
The State accused Maladina of conspiring with others to defraud the fund of K2.65 million by fraudulently increasing the construction costs of the NPF tower in Port Moresby.
It also accused Maladina of dishonestly applying to his own use and to the use of others K2.65m belonging to the fund.
The court found that Maladina and others agreed that construction company Kumagai Gumi, contracted to build a tower, to falsely charge an extra K2.65 million as “further accelerated fees” on top of the agreed construction cost of the tower of K50 million.
Maladina used K400,000 of the K2.65 million, according to the court’s assessment of the evidence.
Sir Gibbs said: “The court must continue to send out a stern message to deter those in positions of trust from abusing and manipulating the systems to benefit themselves and their cronies.
“This case calls for a stern punitive and deterrent sentence to serve as a clear warning to trustees and board chairmen looking after superannuation funds that high standards of integrity and honesty are expected from and of them.”


Wednesday, August 5, 2015

Cabinet order to disband task force to go to trial

Source:The National, Wednesday August 5th, 2015
NATIONAL Court proceedings relating to Cabinet decisions to disband Operation Task Force Sweep in June last year will go to trial next month.
Chairman Sam Koim, pictured, filed judicial review proceedings in the National Court last year challenging the process involved by the National Executive Council in arriving at its decision to disband the team.
Justice Colin Makail, who presided over the matter in Waigani yesterday, told counsels that the trial would start on Sept 29.
Koim’s lawyer advised the court that the review was filed and served to the respondents – Prime Minister Peter O’Neill, National Executive Council and the State.
Lawyer Tiffany Twivey, representing O’Neill and NEC, advised the court that she needed to cross examine Koim on factual issues relating to his contract of employment.
She said one legal issue was whether the court had powers to review executive decisions.
Lawyer Nicholas Tame is representing the State.
All parties have engaged overseas counsels for the trial that is expected to take two days.
The National Court in July last year granted a stay of Cabinet’s decision to disband Task Force Sweep Team pending the determination of the judicial review proceedings
.

Friday, July 31, 2015

Kavo allowed to sit in Parliament

Source:The National, Friday July 31st, 2015
 Reports by MALUM NALU
SPEAKER Theodore Zurenuoc says jailed Gulf Governor Havila Kavo is allowed to sit in Parliament.
He said he would not allow any more debate on it following questions from deputy Opposition leader Sam Basil about the “convicted Gulf prisoner having access to this Parliament”.
Zurenuoc said: “You need to go and seek legal advice on that. It’s obvious that he has been charged under the Leadership Code. It does not affect his sitting in the chamber, I’m sorry.”
East Sepik Governor Sir Michael Somare complained about Kavo being allowed to enter Parliament.
“He is already convicted, it is a criminal case. So how can you allow him in?” he said.
Zurenuoc said leaders facing a leadership tribunal were different from those charged under the Criminal Code.
“It’s beyond the control of this House to deal with the Gulf governor. But in the case of Honourable Members before leadership tribunals, there is a different set of laws,” Zurenoc said.
“It’s obviously very clear, there’s no point for us to argue on this one. I will not entertain any more, I made a ruling.”

Thursday, January 3, 2013

Kairuku-Hiri awaits by-election

Source:The National, Thursday 3rd of January, 2013
By ELIAS NANAU
 
TWO 2012 election petitions have been upheld so far by the court of disputed returns and the Electoral Commission is expected to conduct a by-election for one of them - the Kairuku-Hiri open seat in Central.
The commission is yet to make an announcement regarding that.
David Isoaimo, a petitioner challenging Paru Aihi successfully sought the relief for by-election after Justice David Cannings concluded that Aihi, a member of the Prime Minister Peter O’Neill’s People’s National Congress (PNC) Party, committed bribery to procure votes, won and returned to parliament.
Tony Waterepu Aimo was another petitioner and he was declared as an MP for the Ambunti-Dreikikir open seat, East Sepik, by the court.
Justice John Kawi declared Aimo as member elect after he found that Ezekiel Anisi was not of legal age (under age) when he was elected and Anisi’s name was not on the electoral roll.
Anisi had filed for a judicial review to challenge Kawi’s decision and the matter was heard by Justice Derrick Hartshorn. The decision is pending.
Several election petitions have either been dismissed or withdrawn by petitioners from an initial record 105 petitions registered after the 2012 elections.
The election petition website calculated that 17 cases were dismissed and
eight withdrawn or discontinued.
The latest dismissal, just after Christmas, was the election petition by Jimmy Maladina challenging the win by second-term Alotau MP and National Planning Minister Charles Abel.
Abel is a member of the PNC Party.
Maladina had disputed that Abel had bribed voters and exerted undue influence during campaigning.
But Justice Sao Gabi found that Maladina failed to justify his grounds to convince the court.
Maladina said he would be appealing the decision in the Supreme Court.
“I have very strong grounds to successfully review this decision in the Supreme Court,” Maladina said in a statement.
Most election petitions have been slated for full trials at respective national court houses in the provincial centres near the electorates and these are expected to start when the justice department resumes work.
There had been applications to move trial locations because of security concerns but election petitions judge administrator Colin Makail was firm that it was the responsibility of petitioners and elected members to ensure supporters behaved

Thursday, January 19, 2012

O’Neill tells Grand Chief to stay out of Parliament sessions

Source: Home News, Post Courier, January 19, 2012
Prime Minister Peter O’Neill has warned that he will instruct police to arrest Grand Chief Sir Michael Somare if he walks into the chambers again.
Mr O’Neill said this yesterday during his press conference at the State function room in parliament while responding to actions of Grand Chief Sir Michael and his team who stunned Parliament by walking in with a petition brandishing last month’s order by the Supreme Court for his reinstatement both as the prime minister and as a member of parliament.
“I will instruct the police to arrest him if he enters the chambers again,” Mr O’Neill said. He was responding
to questions raised on what he was going to do today if Grand Chief Sir Michael walks into the chamber again today.
But Sir Michael’s regime yesterday said they were ready for another day today and will not be moved by the threat to get police on them.
They are still adamant that they followed parliament procedures by petitioning the Acting Speaker yesterday with the court order so that parliament could comply and the Speaker should enforce the December 12, 2011 Supreme Court decision allowing them a seat in the chambers.
“The Court basically states - Court Order no. 3: The National Court has exclusive jurisdiction as to whether the seat of a member has become vacant; Court Order no. 4: The Speaker’s decision of 6th September 2011 to declare that Sir Michael Somare had lost his seat was in breach of the Constitution ss 104 (2) (d); s 135; and ss 28 and 229 of the Organic Law
on National and Local Level Government Elections; and Court Order no. 6: The Hon Sir Michael Somare is restored to office as Prime Minister forthwith.”

Monday, December 19, 2011

Women’s Bill a historical milestone

Source: Feature, Post Courier, December 19, 2011

Women Today - COMMENTARYBy Dr Thomas Webster Director, National Research Institute
The passing of the Equality and Participation Bill to guarantee women in Papua New Guinea up to 22 seats in parliament, one seat in each province after the June 2012 elections, is a historical milestone and a moment of triumph that should be celebrated and supported by every Papua New Guinean.
The current bill indeed guarantees that up to 22 electorates will be reserved for women, however laws are yet to be tabled in parliament to determine the boundaries of the new seats.
This is essential because without these laws in place before 2012, intending women candidates will not be able to run for elections. Both these bills require the support of all Papua New Guineans, especially through their electoral representatives.
There is a pressing need for the Government of PNG to schedule two votes which are needed to determine the boundaries for electorates guaranteed to women.
The first of the boundary laws is expected to be tabled when parliament resumes on December 6 and the second may occur in April next year according to Dame Carol Kidu, an advocate of the bill.
In over 36 years and since Papua New Guinea gained independence, only four women have been successfully elected to parliament.
This year, Dame Carol Kidu, is the only woman who sits in parliament. It is our hope that the bill is realized and that the input and efforts of more women in parliament will complement the efforts of fellow male politicians.
This would ensure that Papua New Guinea can benefit immensely from a well-represented parliament that looks at the broader interests of all Papua New Guineans at the highest level of decision-making which will affect the whole country.
As Prime Minister Peter O’ Neill stated in his introduction of the bill to parliament: “Only with the input of women will PNG go on and thrive to become a great nation.”
We welcome the bill with great optimism and awareness that women would bring a whole new perspective to the floor of parliament. Indeed, more women in parliament would add some new dimensions to the policy agenda.
There are development issues to be highlighted and social indicators that need to be addressed including maternal mortality, infant mortality and gender-based violence, to name a few. Through the reserved seats, womenfolk then get to become equal partners in the development process.
While having said this, the NRI is of course also fully cognisant of the views expressed by the wider public against the merits of the Bill. Some opponents have labeled the bill an expensive exercise saying that the extra seats would incur costs of up to K 25 million that could otherwise be spent on “needy” areas. Thus, the extra seats reserved for women are, for them, an extravagant exercise.
A particularly strong and persuasive argument by opponents of the Bill, is that women have not been deprived of their rights to contest parliamentary seats and therefore, they should not be given a free ride by being reserved 22 of the highest seats in the land.
The issue however, is that given the election trend in PNG for more than three decades, waiting on polling results to produce female representatives in Parliament would be a very futile exercise.
Papua New Guinea’s electoral behavior, imbued in a strong male-centered political culture, is not likely to change the trend anytime soon.
The male dominance is partly a cultural factor where men are considered natural leaders and decision makers. It is also valid to say that male dominance is very much a byproduct of the manner in which society is changing.
While politics in developed countries is often vilified as a dull vocation, it conveniently serves as a means for individuals to acquire greater prosperity and social status, particularly in developing countries like Papua New Guinea.
The stark reality for Papua New Guinea therefore, is the case that stiff electoral competition mainly among male candidates for access to the state institutions is what ultimately causes womenfolk to be under-represented in Parliament.
Electoral data show that female candidacy for national elections have showed a small marginal increase since 1975, out of which there were three female parliamentarians: Nahau Rooney, Josephine Abaijah and Carol Kidu.
That is a serious asymmetry by anyone’s definition against the 50 percent female segment of the national population.
While welcoming the Equality and Participation Bill, the least among the issues that parliamentarians should concern themselves with is the costs of the 22 extra seats. The real challenge however, is the need to demarcate a clear sphere of responsibility for the women parliamentarians.
As it stands, the 109 MPs is already a crowded field for the limited number of ministries and perks and privileges to be passed around. There is also the danger in relation to possible duplication of responsibilities with existing open and provincial Members.
Finding the right political equilibrium is therefore paramount for the effective and productive collaboration of both men and women in PNG politics and for the success of the Government of Papua New Guinea.

Opinion on PM Oneil & Somare

Source: The Papua New Guinea Blogs, http: //www.pngblogs.com

Monday, December 19, 2011


From both sides who is right and who is not - OP


Team O'Neill will not back down or they "shall not be moved" because:
1. The Supreme Court decision on 12th December, 2011 was all about or concerned the events of 2nd August, 2011 and; 6th September, 2011.
2. The Supreme Court decision was not a unanimous decision (all 5 Judges agreeing of the illegality of what happened on 2nd August, 2011 and; 6th September, 2011.) It was 3 against 2. So, 2 judges said the events of 2nd August and; 6th September 2011 were lawful.
3. The Supreme Court over-stepped its function in interpreting laws to appointing a Government which is the role of the Parliament based on the doctrine of seperation of powers which is enshrined in our home-grown Constitution. That is, the Supreme Court should have only declared the actions of 2nd August, 2011 and  6th September, 2011 and should have referred the matter back to Parliament to sort it out on the election of the Government. Team O'Neill will seek a review at the Supreme Court before different judges using the "slip Rule."
4. The appointment/election of a PM is always done on the floor of Parliament and Team O'Neill has the number.
5. The "former" Governor-General Sir Michael Ogio's swearing in of Team Somare is considered illegal because the GG only receives advice from the Parliament and NEC and acts on those and not anyone else like the Court or State Solicitor or anyone else. Hence, the advice from Parliament that time was for the GG to swear-in Team O'Neill. Because of the former GG's insubordination, the "hiring" authority (Parliament) "fired" him and appointed an Acting GG in that of Nape. The Acting GG swore-in Team O'Neill.

And Team Somare will never back down (duration unknown) because:
1. They don't want the corruption investigation to continue.
2. They don't want their "alleged" crooked deals to be exposed.
3. They don't want the "interests" of their foreign partners to be threatened/exposed/demised. These are my observations and thoughts so far.

Note: 
1. Nape is not a substantive GG. The Queen only recognises a substantive GG and the recent past was Sir Michael Ogio. When a new permanent one is appointed, then the Queen will be advised accordingly of the removal of Sir Michael Ogio and the appointment of the new one.
2. O'Neill's election and appointment as the PM may not have been communicated to the Queen by the GG.

Thursday, December 15, 2011

PNG Politics Update - Double trouble

Source: Malum Nalu Blog, follow '//malumnalu.blogspot.com/'for more

Thursday, December 15, 2011

Court order sought against Somare

Warner Shand Lawyers is at the moment registering a case on behalf of Peter O'Neill to stop Sir Michael Somare from taking office.

'Double Trouble in Paradise'

It seems to be 'Double Trouble in Paradise' as Papua New Guinea has two governors-general, two prime ministers, two deputy prime ministers, 50-plus ministers, two police commissioners and two treasury secretaries.
This follows yesterday's suspension of governor-general Sir Michael Ogio in a new twist of political events.
The suspension paved way for Speaker Jeffrey Nape to automatically assume the position of acting governor-general.
He then presided over the swearing-in of Peter O'Neill, who was re-elected prime minister on Monday by 69 MPs.
After that, Nape signed instruments dismissing ministers in the Somare government who had been sworn in only hours earlier in thr morning by Sir Michael Ogio at Government House

Wednesday, December 14, 2011

O’Neill vote lawful: Lawyer

Source: News, Post Courier, December 14, 2011
By TODAGIA KELOLA
A prominent lawyer dealing with constitutional issues, Moses Murray, has given his views that Prime Minister Peter O’Neill’s election on the evening of Monday, December 12, 2011 was lawful as it is in accordance with section 142 (3) of the Constitution.
Mr Murray said the Parliament had exercised its legislative powers properly and lawfully when it elected Peter O’Neill as Prime Minister after the Supreme Court bench of five judges found that there was no vacancy in the seat of the Prime Minister before August 2, 2011 and restored Sir Michael to his post as Prime Minister.
The finding of the Supreme Court relates to the question before it pursuant to Section 19 of Constitution and accordingly restored Sir Michael Somare as Prime Minister.
Mr Murray said: “I hold the view that the Speaker of Parliament acted properly within the ambit and exercise of his powers pursuant to section 108 (1) of the Constitution in the discharge of his duties.
“Immediately after the Supreme Court decision, the Parliament adjourned the debate on budget and introduced a motion to elect the Prime Minister. This they did and it is my legal view what transpired on the floor of Parliament was lawful under the circumstances.”
He also raised a question saying, “When can a Prime Minister be elected? Section 142 (3) of Constitution provides for such a situation within which a PM can be elected.
“The section reads ‘If the Parliament is in session when a Prime Minister is to be appointed, the question of appointment shall be the first matter for consideration, after any formal business and any nomination of a Governor- General or appointment of a Speaker on the next sitting day.’’
He also applauded the public for being orderly in such a situation of legal uncertainty as it could have been “bloody”.
“People of Papua New Guinea from all works of life must be congratulated as we have shown the world that true democracy does exist in PNG,’’ he said.
He also congragulated the leaders for the way they approached the constitutional issues before the Supreme Court and Parliament.

Monday, December 12, 2011

Supreme Court decision is today

Source: Post Courier, December 12, 2011
By TODAGIA KELOLA
THE Supreme Court will decide on the special Supreme Court Reference by the East Sepik Provincial Executive challenging the validity of Prime Minister Peter O’Neill’s election by Parliament today.
This is because of an application filed by the fifth intervener and Prime Minister Peter O’Neill which was moved last Friday by his new lawyer Philip Ame to have the President of the five men bench, Sir Salamo Injia disqualified.
The application with three supporting affidavits had alleged an apprehension of bias by the Chief Justice Sir Salamo Injia, claiming that he was seen meeting with former State Enterprises Minister Arthur Somare at a Port Moresby hotel last month when the reference hearing was in progress.
When the court resumed at 9.50 am last Friday, Chief Justice Sir Salamo Injia announced that there were two preliminary issues to be dealt with before the scheduled Special Supreme Court reference decision.
One was by the fifth intervener and Prime Minister Peter O’Neill and the other by the second intervener Speaker of Parliament Jeffery Nape.
Lawyer for the speaker told the court that he had received instructions to withdraw their client’s application while Philip Ame for Peter O’Neill was given 30 minutes to make his submissions on the disqualification application.
Upon making his submissions and answering questions from the five men bench the other interveners were given one minute to respond.
All interveners, including those that were against the referrer opposed the application, arguing that the timing and the application forms that were used were all wrong and that there was no credibility on the deponents of the supporting affidavits that were filed.
The five men bench, after hearing all submissions adjourned for 10 minutes to make a ruling but when they returned, the Chief Justice told the court that after considering the matter, they had decided that because of the seriousness of the matters raised they had decided to defer their decision to today Monday at 9.30 am

Friday, December 9, 2011

O’Neill seeks last-minute reprieve

Source: The National,Friday 09th December 2011
By JULIA DAIA BORE
PRIME Minister Peter O’Neill will know today whether he was elected legally to office on Aug 2. The full-bench Supreme Court will make a ruling on that at 9.30am at the Waigani Court House.But, before this (at 9am), the Supreme Court will hear and rule on a late application yesterday by O’Neill’s lawyer Philip Ame to disqualify Chief Justice Sir Salamo Injia from the Supreme Court bench ruling on the East Sepik provincial executive reference.
Parliament is also scheduled to meet this morning, but whether it resumes normally at 10am will depend on how long ittakes to dispose of the two respective court cases.
While NCD police will be out in full force to ensure criminal elements do not take advantage of the situation, many employers have advised their workers to stay home today in case of trouble. This morning’s Supreme Court impending ruling is on the legality of O’Neill’s election which was questioned by the East Sepik provincial government.
Should this morning’s Supreme Court declares O’Neill’s election as prime minister illegal, Speaker Jeffery Nape faces court proceedings filed by Grand Chief Sir Michael Somare on Wednesday at both the National and Supreme courts.
The latter proceedings aimed to cite Nape with actions of breaches of various sections of the Constitution (filed at the National Court) and also being in contempt of the proceedings of the Supreme Court respectively. These details would be argued before the court of law.
Court registrar Ian Augerea confirmed late yesterday the O’Neill bid to remove Sir Salamo as head of the bench for the East Sepik application, citing a conflict-of-interest situation arising from an alleged meeting at a hotel in Port Moresby early last month.
Affidavits from three witnesses were also filed along with O’Neill’s application.
The Supreme Court bench for today’s decision comprises the chief justice, his deputy Gibbs Salika and senior justices Bernard Sakora, Nicholas
Kirriwom and Les Gavara-Nanu. The East Sepik provincial executive council’s special reference is seeking an interpretation on the constitutionality of the Aug 2 declaration that there was a vacancy in the prime minister’s position and the subsequent formation of a new government.
It also wanted a ruling on whether the parliamentary process used was legal

Friday, November 18, 2011

New charges for Tiensten

Source: The National, Friday 18th November 2011
By JACOB POK

MEMBER for Pomio Paul Tiensten has again been arrested and slapped with further charges of misappropriation of public funds from the Department of National Planning and Monitoring.
This time, he faces three charges relating to a K3.4 million project funding which he allegedly diverted to his family company when he was the national planning minister.
Tiensten is out on another K5,000 bail imposed on him by the Committal Court yesterday, which now placed his bail at K10,000.The Pomio MP was charged with one count of misappropriation, one count of official corruption and one count of obtaining money by false pretences.
He was arrested and charged by members of the Task Force Sweep soon after he made his first appearance at the Waigani District Court yesterday for the earlier charges.
He was interviewed at the fraud office and later taken to the Boroko police station.
Police alleged that in 2009, Tiensten, while the minister for national planning and monitoring, used his position to cancel a cheque payable to a Mesu Investment Ltd and redirected the cheque to Tolpot Services Ltd, a company which he was both a shareholder and director of.
He allegedly diverted the money under the false assertion that Tolpot Services had been appointed by Mesu Ltd and Karalai Plantation as project manager of the approved rehabilitation of the Karalai Plantation in Pomio, East New Britain.
It was alleged that the cheque was deposited into the company account at the ANZ Bank in Kokopo, East New Britain.
It was alleged that Tiensten and his family benefited from the funds.
Chairman of Task Force Sweep Sam Koim said as a matter of law, Tiensten was innocent until proven otherwise by a court of law

Court orders Tiensten to surrender passport

Source: The National, Friday 18th November 2011
By SAMUEL RAITANO
MEMBER for Pomio Paul Tiensten was yesterday ordered to surrender his passport to the Waigani District Court Registry.
The order came as he made his first appearance in court yesterday on charges of misappropriation, conspiracy and abuse of office.
District Court magistrate Cosmas Bidar told Tiensten his bail conditions were that he must surrender his passport and not to interfere with state witnesses in NCD or elsewhere.
The charges against Tiensten fall under section 92 of the Criminal Code Act.
Court documents say that in March at the Department of National Planning and Monitoring, Tiensten as the then national planning minister in the ousted Somare-Abal government, had applied to the use of others, a sum of K10 million.
The state money meant for Air Freight Subsidies in the 2011 budget was given to the airline company, Travel Air. It was alleged that at the same time, Tiensten conspired with Travel Air owner Eremas Wartoto and former secretary of the department, Ruby Zariga, to have the money paid to Travel Air.
It was alleged that Tiensten had directed Zariga to carry out the payment while he (Tiensten) knew well that the airline company was not operating at that time.
Tiensten is alleged to have had, as the minister, corruptly entertained a private business and had issued directions that seemingly abused powers of the public office.
Yesterday, the police prosecutions sought to impose three bail conditions.
However, the court permitted two conditions and they were to have the district court registry safe-keep Tiensten’s passport and to prevent him from interfering with state witness in NCD and elsewhere.
The condition sought to have Tiensten report to the court registry
once a week was irrelevant

Confident of a resolution

Source: The National, Mondy 14th November 2011

THERE was really no need to delay a decision on the Supreme Court reference by the East Sepik provincial government.
In a sense, the delay by the Supreme Court encouraged the executive government to be creative. All the issues were known. Whether or not parliament contravened the Constitution on Aug 2 when it elected Peter O’Neill as prime minister requires no elaborate research. All the arguments for or against in this case have been presented to the court. To our mind, and without incurring the wrath of the court, the matter needed urgent expediting.
Of course, it warranted careful deliberation but it also demanded urgent treatment. When the court decided to defer judgment to Dec 9, it gave the government too much time to be creative. That said, the creativity of government is, to our mind, extreme.
Some may say the government has descended into chaos. Others may say the government has lost the plot and become totally irresponsible.
Still, some may say a constitutional crisis has been triggered.
We will let history be the judge of that. What we can say is that the executive government, by its decision last Thursday, has incurred contempt of the court on this very important matter currently pending before the courts.
We like to think that the government decision was deliberate and, whatever the merits of its arguments, the fact that it has come at this particular time can be seen as an attempt to pervert the cause of justice. However reasonable the case might be against the chief justice, we see the charges as being of an administrative nature and one that did not warrant the attention of the National Execu­tive Council.
That it decided to take carriage of the matter is its own ill-advised decision and might well turn out to be its undoing in the fullness of time.
Unfortunately, in one fell swoop, all the gains of the O’Neill-Namah government has been laid to waste.  And that, really, is tragic. Nobody, including the chief justice, is above the law. The charges brought against him must see light of day soon. But it is a matter that the National Judicial Services Committee, and even the National and Supreme Court, can attend to. It was quite irresponsible and insensitive of cabinet to take carriage of the matter.
When it did that it violated, it would seem, a fundamental principle of democracy that is the independence of the three arms of government – judiciary, parliament and cabinet. It is particularly sensitive where the judiciary is concerned because the courts are also the custodians of the supreme law – the Constitution. When you touch the courts, inadvertently, you touch the Constitution. That is something every government must be loathe to do.
We call on the prime minister to suspend or rescind the decision of the NEC. It is the most sensible thing to do at the moment.
At the same time, we commend the responsible manner in which the disciplined services have approached this episode.
The police have been rational even if a little hesitant. They may well arrest the deputy prime minister and the attorney-general but, if the decision can be rescinded, Justice Bernard Sakora’s orders might well be altered.
The military have taken a keen interest but have kept well within their barracks. We commend rank and
file for that.
The Correctional Services has maintained stability in jails around the country.
In the end, however, the international community may deride PNG. While they might say a constitutional crisis has been triggered, the manner in which this country greeted the government action, and the calm and rationale approach the courts have taken on this, is one more evidence that our democracy is robust; that our government is truly democratic and that our people are mature.
In the end, we are extremely confident that the government and the courts will resolve this misunderstanding in an expedient manner and restore normalcy and confidence.
This nation shall long endure and may God bless Papua New Guinea

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