Latest on Opposition Supreme Court Reference | Standing by Tomuriesa #png #news #portmoresby

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30 Minutes Papua New Guinea

9 күн бұрын

A five man Supreme Court bench has begun hearing the Supreme Court reference filed by the Opposition
The bench comprised Chief Justice Sir Gibbs Salika, Justices Les Gavara-Nanu, David Cannings, Panuel Mogish, and Derek Hatshorn
Their first primary matter to deliberate on was whether Opposition Leader, Douglas Tomuriesa has standing to bring the case as a Supreme Court Reference and this was supposed to be the court matter this morning
But then it appeared, there was an application objecting the competency of the application filed just yesterday
It wasn't a good start at the court room this morning with the bar, mainly the intervenors lawyers and the five man bench in dispute.
Lawyer for Douglas Tomuriesa, Greg Sheppard was asked to start on what's before the court this morning and he began, informing the bench he received an application for objection to competency from the Attorney General only yesterday afternoon at 1.30pm.
He was responding to it when he was interjected by Justice Les Gavara-Nanu that the high court has not reached that stage yet.
Chief Justice Sir Gibbs also intervened and said the court was sitting to determine the issue of legal standing.
He told the court there is no objection to competency before the court right now.
Though lawyer for the Attorney General informed the court, his client filed the case yesterday, the bench said they did not comply with time.
The Chief Justice emphasised that it was a completely different constituted court and the courts have a duty to control the proceeding.
Sir Gibs said what's before the court is the issue of standing by Douglas Tomuriesa.
Lawyer Greg Sheppard was allowed to proceed with his arguments. He told the bench Mr Tomuriesa has authority from the opposition, is a citizen and was duly elected..
He has brought important constitutional matters.
But lawyers for the Speaker and Attorney General opposed the arguments saying the matters were trivial and Mr Tomuriesa has not raised any significant constitutional issues.
They also argued, Parliament processes have to be exhausted before coming to court.
The intervenors did not dispute that Mr Tomuriesa was opposition leader.
As they tried to substantiate their arguments with further details, they were constantly reminded to stick to the matter they should argue why Tomuriesa has no standing rather than expounding on the merits.
The five man bench would make a rule on standing by Tomuriesa tomorrow and lawyer for the Attorney General says they will still file on the objection to competency when the time is right. It looks like if leave is granted.
They would immediately object to the reference.

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