> Subject: CMCA COMMUNITIES COMPENSATION CASE WS 14 OF 2014 PASTOR BAGARI & OTHERS VS STATE ,OTML ,PNGSDP ,OTDF The people of Western Province were sold out and reaped of in 2001 we tried all we could to carry out awareness in almost 156 villages in the North Middle and South Fly but some of the CMCA leaders were paid large sums of monies by OTML to mislead the affected communities to opt out and sign out of the Victorian Supreme Court Class action proceedings 5003 of 2000 Gabia Gagarimabu vs BHP & OTML to accept the Mine Continuation Package . > Almost everything we told people that would and would not happen has now come true all those records from then we have kept and are also evidenced by affidavits filed in the victorian supreme court proceedings especially records released by OTML contained in affidavits showing large sums of monies paid to cmca leaders such as Richard Zumoi ,Stanley Petrus and others . > Since 2001 to 2007 to mid term cmca review to the promised mine closure in 2010 then extended by Sate to 2013 without CMCA communities consent ,all promises for compensation by BHP/OTML /PNGSDP /OTDF & THE STATE to the affected CMCA communities have never ever been fulfiled . All these false promises are clearly outlined in the case WS 14 of 2014, Plaintiffs Pastor Steven Bagari & President KIWAI LLG President ORIOMO BITURI & other CMCA leaders from South FLy vs State , Minister Finance ,Secretary Mining ,Otml ,PNGSDP & OTDF . Since September 2013 expropriation of 63.4% shareholdong by passage of Tenth Supplemental Act by the State with significant involvement of OTML we anticipated the Ok Tedi Mining (Eleventh Supplemental Agreement)Act .Now all these issues are canvassed in the Court summons Ws 14 of 2014 . The original Orders of Justice Salika dated 24th January 2014 Ordering OTML to stop dumping of Mine waste into the Ok Tedi Fly Rivers and protecting the 10% compensation funds into the National Court Trust Account were stayed (stopped)by Orders of Justice Hartshorn on the 28th February 2014 .Pastor Bagari &others applied applied to the Supreme Court seeking leave to appeal on the grounds amongst others that Justice Hartshorn may have exceeded his powers and jurisdiction to Order a stay(stop ) of Justice Salikas Orders of 24th January 2014. The single Supreme Court judge Justice Makail agreed and allowed the appeal saying in his judgement at page 6 paragrapg 18 that i am satisafied that all the proposed grounds of appeal are arguable His Honour Further said at page 7 paragraph 22 I am satisfied that in proccedings SCA 20 of 2014 , given the facts of the case it is arguable that his Honour (HartshornJ) misapplied the principles of interim injunctions and acted in excess of his jurisdiction when he stayed the ex -parte interim injunctions (granted by DCJ Salika on 24th January 2014) > > Justice Makail further said in his judgement on page 8 paragraph 25 I am further satisfied that substantial injustice will occur if the issue of rhe continuation of or otherwise of the interim injunction granted by the National Court (ie Orders of Hartshorn J dated 28th February 2014 ) is revisited sfter it was stayed by the same Court > Justice makail further said on page 8 paragraph 28 of his decision I am satisfied that there is sufficient basis for the trial process to be interupted by an appeal > > Justice makail allowed leave to appeal in SCA 20 of 2014 which appeal will be heard by 3 Supreme Court judges on the 17th December 2014. > > If the Majority of the 3 Judges agree with Pastor Bagari & other CMCA & non cmca leaders appeal then they may quash the decision of Justice Hartshorn and reinstate Deputy Chief Justice Salikas original decision of 24th January 2014 and and at the same time direct the matter back to the National Court to conduct a full trial . > PASTOR bagari and other leaders have also asked the Supreme Court to consider and direct the case be conducted by another National Court Judge . > > If the Supreme Court finds in favour of Pastor Bagari & other leaders then the posible effect is that OTML will be stopped from dumping anymore mine waste ,rock , & tailings into the Ok Tedi Fly Rivers which will be a big step in the right direction to stop the massive injustice to inflicted on the affected cmca people and other communities affected by the polution who have been completely excluded in the compensation regime. > > We advise all Western Province people as anticipated we will be filing constitutional challenges in the Supreme Court against all the current Ok Tedi Mining Laws as we believe they are unconstitutional these will have a bearing on the whole issue so everyone in the Western Province must come out and strongly support these current and impending Court cases thats the only hope we have of geting justice . > > God Bless Western Province and every son and daughter born out of these soil must fight for your birthrights and for the future generations > > Esso . > > Samson jubi
Posted on: Thu, 27 Nov 2014 23:46:06 +0000
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