On 8th January 2015, the National Court (NC) Judge Justice Cannings granted interim injunction (temporary stop order) preventing the Public Prosecutor (PP) and Leadership Tribunal (LT) from convening on 26th January 2015 to inquire into allegations of misconduct against the Prime Minister. The request to stay (stop) the LT was made by the PMs lawyers on the grounds that PP exceeded his Constitutional powers in the manner in which he referred the PM to the LT. They argued the LT should be stayed until the Supreme Court (SC) first determines (answers) the Constitutional questions whether PP exceeded his Constitutional powers in the manner or procedure in which he referred the PM to face the LT. The Court upheld the PMs request to stay the LT and it remains in effect until the Supreme Court (SC) interprets a number of Constitutional questions to assist the National Court to determine whether the PM is correct or not. Im sure many are asking the question WHY? Why would the Judiciary agree to such a request knowing its the Modus Operandi (typical practice) of our PM to avoid, frustrate any and all proceedings that would bring him to face the law like every other person. There are many that have expressed their disappointment to the Courts decision and now questioning its impartiality and integrity. With limited understanding of the judicial process and details surrounding the decision one cant entirely blame them. However, having read Justice Cannings ruling in detail, the decision has some merit in the special circumstances of this case. Like me you will be both shocked and disturbed to understand why? Before discussing the central issues lets first review background facts. In March 2014, Ombudsman Commission (OC) investigated the PM for his part in facilitating the approval of the K3 Billion overseas loan from Union Bank of Switzerland (UBS) on behalf of the State of Papua New Guinea (7 million people). -
Posted on: Mon, 12 Jan 2015 01:09:19 +0000
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