Douglas Tomuriesa and the Opposition must overcome an objection to competency | Supreme Court

#png #news #portmoresby #opposition
Script
The Opposition Leader Douglas Tomuriesa and his opposition team who are adamant about changing the Marape- Rosso government has welcome the unanimous Supreme Court decision this morning
The decision read by Chief Sir Gibbs Salika announced the high courts recognition that Mr Tomuriesa has standing to file the Supreme Court Reference under section 18 (1)
The Supreme Court held that Mr Tomuriesa is a leader of the Opposition, he has sufficient interest in the substantive issues on what happened in Parliament on June 5, 2024, he is a citizen of Papua New Guinea and there are important constitutional issues being raised
The bench comprising Chief Justice Sir Gibbs Salika and other justices David Cannings, Les Gavara-Nanu, Panuel Mogish and Derek Hartshorn rejected the arguments by the Speaker and the Attorney General
Lawyers for the Speaker Job Pomat and Attorney General Pila Niningi have argued that Mr Tomuriesa was just a busy body and did not have sufficient interest in the issues raised
By him walking out of Parliament in protest on June 5, 2024, this was also described as an act that did not respect the parliament process and therefore he has not exhausted parliamentary procedures before going to court
The Supreme Court held that Mr Tomurisea is a citizen of Papua New Guinea, a leader of the opposition who has sufficient interest and the issues raised are not hypothetical, vexatious or trivial
The bench held the arguments on substantive merits should go to trial
The matter will now go before a single judge for further directions to progress the case.
Attorney General Pila Niningi has welcome the decision and congratulated the Opposition leader and his team
Mr Niningi is adamant about raising an objection to competency when the case progresses
His lawyer Dane Mel filed an objection to competency at 1.30pm on Wednesday this week and they tried to move the application yesterday but the bench declined to hear that saying they must deal with standing of Tomuriesa first
During the exchange between counsel Mel and Chief Justice Gibbs Salika, yesterday the chief justice told Mel, he has not complied with time ...
It was said in court that any objections to competency should be filed within 21 days after the leave to intervene has been granted
The opposition and Mr Tomuriesa may now have this hurdle to overcome before their supreme court reference can proceed further but they were a pack in court today and so elated.

[@LeslieGenia]

As it is.. Parliament or Legislature suppose to be the highest arm of the three levels. We keep running back to Courts. Peter O'Neil should know better, Courts declared his Government illegitimate, he did not honor that decision so why run to Courts.

[@johnkmole936]

Ninigi's lawyer needs a proper reference to stay in PNG national court room. He cannot easily interpret our simple PNG laws this time. He needs to further his carrier outside of this country 😢😢😢👎👎👎

[@melchamberofcommerce378]

X Pila Niinigi go to Hell

[@alexsenive1075]

Is this lawyer the Solicitor General? If not, when have all State lawyers, supposedly experts in all spheres of State's affairs, been made redundant? The State Solicitor is supposed to be taking on this and such other cases. In whose wisdom and/or interest is Pilia Niningi pursuing at the costs of all PNGeans? This is an act or conduct of the executive and legislative arms of our govt systems concerning crucial process of having in place a government at all times under our Constitution. This is not a joke and an opportunity to avail a profiteering scheme at the public's expense. The Law Society should take a keen interest in such practices of lawyers, especially from ethics perspective and also considering the Parakagate affair. Our society is still at a primeval stage as it seems but some of us are consciontous and we keep the interest of our people and the nation at heart, irrespective of our circumstances and persuance. The Ombudsman Commission should look into the arrangements of engaging lawyers outside of State lawyers's domain..

[@30minutespapuanewguinea]

There's an amendment to the AG Act where brief outs will be through a committee rather than as in the past the AG chooses. The aim is to share jobs with law firms and promote every firm. We post link below on comments by Justice Secretary Dr Erick Kwa.

[@30minutespapuanewguinea]

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