PO Legal Team to have all hands on deck!!!!!!!! #Chief_Somare_Files_for_K205m_Damages_Against_PO_n_State By Cedric Patjole, Nov 14, 2014. PNG Loop Grand Chief Sir Michael Somare has filed a summons against Prime Minister Peter O’Neill and the State seeking damages over his removal as Prime Minister in August 2, 2011. The damages sought by Somare is K205 million. This morning a notice of motion filed by his lawyer John Alma on behalf of Sir Michael, before the National Court seeking an extension of time for the matter to be heard as O’Neill and the State have not replied to the summons served on them. The matter came before Justice Ambeng Kandakasi. Justice Kandakasi asked what the course of action was which lawyer Alma said was to seek damages over the unlawful removal of Somare as the Prime Minister of PNG on August 2, 2011. Alma said since filing the application on March 3 this year, an following service, O’Neill and the State have not replied, but had only filed a notice of intention to be represented by then Solicitor General, Jubilee Tindiwi. Kandakasi said he was not sure if the issue was an appropriate course of action to go before the Court as it was a political issue. He also said the matter raises constitutional issues as well and that a reference might be made to the Supreme Court. Kandakasi then adjourned the matter and directed that Solicitor General appear to explain the status of their response to the summons. They will also see whether it is an appropriate course of action and whether there are constitutional issues raised and a reference be made to the Supreme Court. The matter has been adjourned to Dec 2, 2012. Sir Michael is seeking an order that he be paid K5 million in special damages, K150 million in general damages and K50 million in exemplary damages for his unlawful removal as Prime Minister and Regional Member for East Sepik. On Aug 2, 2011, a vacancy in the Prime Minister’s position was declared by Belden Namah, who moved a motion without notice that was passed subsequently following with the election of Peter O’Neill. Sir Michael was in Singapore at the time undergoing medical treatment. In the statement of claim, Sir Michael alleges that Parliament had granted leave of absence on May 2011, but rescinded that resolution on Dec 9, 2011, after Aug 2, and declared the Parliament seat of East Sepik Province as vacant. On Dec 12, 2011, a five-men-Supreme Court bench ruled 3-2 that Sir Michael be reinstated. On the same date, Parliament appointed O’Neill as Prime Minister for the second time. In January 2012, Sir Michael filed contempt proceedings against O’Neill, members of his coalition and certain lawyers for not adhering to the Supreme Court decision of Dec 12, 2011. However, following the 2012 general elections the contempt proceedings were withdrawn.
Posted on: Fri, 14 Nov 2014 13:39:52 +0000
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