PMs LAWYER TIFFANY TWIVEY HAS FILED AN URGENT APPLICATION TO HAVE THE SUPREME COURT STAY THE NATIONAL COURT DECISION ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////// The PMs Lawyer filed an urgent application in the Supreme Court to stay (put aside) the National Court decision until the Supreme Court can hear the substantive appeal. The matter is listed at 1:30pm today before three man bench, Judges Sawong, Collier and David. By law every person aggrieved by a decision of the National Court has the right of appeal to the Supreme Court. There are special circumstances where the Supreme Court will set aside the National Court decision if the party can prove on the face of the evidence that the Judge made an gross error in law or fact and that they will be greatly prejudice by the decision or it was clearly bias. In this case the PM cant, he is yet to be charged and still afforded his rights under the Constitution like every other citizen. If the PMs application is successful it will mean the National Court decision will be put aside, an interim stay on his arrest and the matter dragged out in the Supreme Court which could take months if lawyers choose to manipulate the process. Its important to understand this is no longer a case of someone coming before the court in a new matter. When you file an appeal you are challenging the decision of the Court which they do not take lightly. I suspect the National Court will throughout the PM application as an abuse of process. Due to the fact they are appealing a decision of an application that is not a substantive matter. The substantive matter would be the criminal proceedings once the PM is arrested and charged.
Posted on: Thu, 03 Jul 2014 01:05:32 +0000
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