Ein Glück dass nächsten Monat die Parlamentswahlen sind ;-))))))))))))
www.abc.net.au/news/2012-05-21/...should-be-reinstated/4024652
Updated May 22, 2012 05:17:18
PNG leader Michael Somare Photo: PNG's Supreme Court rules Sir Michael Somare should be reinstated as Prime Minister. (Mick Tsikas: Reuters)
Map: Papua New Guinea
The Supreme Court in Papua New Guinea has once again found Peter O'Neill's appointment as prime minister was illegal.
In a split three to two ruling the court upheld its decision of last December that Mr O'Neill's replacement of Sir Michael Somare as prime minister was illegal.
Chief justice Sir Salamo Injia said the order to reinstate Sir Michael still stands and is binding.
But only three members of the five-man bench took part in the decision after two judges withdrew because they felt their colleagues were biased.
In it, one of the presiding judges, justice Nicholas Kirriwom, refers to the O'Neill government as an "illegal regime".
Deputy chief justice Gibbs Salika said he would not deliver a decision because it could be compromised.
Justice Bernard Sakora disqualified himself and said he would be disregarding his judicial oath if he proceeded.
Mr O'Neill says he will not respect the court's decision.
"Our government remains until parliament decides otherwise. We do not recognise the decision of the court," he said.
He says the country's judiciary is biased and has ordered police to investigate Sir Salamo Injia.
PNG's parliament was dissolved last week ahead of the general election, but will be recalled for a special sitting this morning to deal with the court's decision.
www.postcourier.com.pg/20120522/tuhome.htm
Chief reinstated
By TODAGIA KELOLA
GRAND Chief Sir Michael Somare has been restored as Prime Minister by the Supreme Court.
In a rare and unprecedented decision two Judges of the five men bench abstained from making a ruling while three ruled that Sir Michael Somare is the legitimate Prime Minister and he should assume the top executive post forthwith until the writs for the 2012 elections are returned.
The two Judges that abstained, were Deputy Chief Justice Gibbs Salika and Justice Bernard Sakora while the majority three Judges that delivered their decisions were Chief Justice Sir Salamo Injia, and Justices Nicholas Kirriwom and Les Gavera Nanu.
The court also ruled three to nil that the Supreme Court’s judgment and orders given on December 12 2011 is confirmed and binding on all persons including the parties in the reference, Parliaments decision made on December 9 2012 to rescind leave of absence granted to Sir Michael is unconstitutional, the Prime Minister and National Executive Council (Amendment) Act 2011 passed by Parliament is unconstitutional, Prime Minister and National Executive Council (Amendment2 ) Act 2011 passed by Parliament is unconstitutional, Governor General Sir Michael Ogio’s action in recognising Sir Michael Somare as Prime Minister is constitutionally valid, Governor Generals other action of retracting that action and recognising Peter O’Neill as unconstitutional.
It also ordered that it was the duty of all persons including the Governor General the Speaker and all other members of the Executive Government officers, bodies and agencies are under a duty to give full effect and to comply with the binding opinions and orders issued.
In a dramatic court session just after 1.30 pm the five Judges walked in and the Chief Justice informed the court that today was the day for the decisions of SCR1 and SCR2.
But there were two preliminary applications to be dealt with, one by Prime Minister O’Neill and the other by the Attorney General.
O’Neill’s application was to defer the handing down of the decision which was refused 3 to 1 with the Deputy Chief Justice abstaining while the disqualification application was also dismissed 3 to 2 with Chief Justice Sir Salamo,
Justice Kirriwom and Les Gavera Nanu refusing it while DCJ Salika and Justice Sakora granting it.
In a ruling that lasted for nearly two and a half hours, from 4pm to 6.45pm each member of the bench, from the Chief Justice Sir Salamo Injia, Deputy CJ, Gibbs Salika, and Justices Bernard Sakora, Nicholas Kirriwom and Les Gavera Nanu each gave their own verdict and reasons for their decisions.
The three that ruled that the election of Peter O’Neill as Prime Minister was unconstitutional were the Chief Justice Sir Salamo Injia and Justices Nicholas Kirriwom and Les Gavera Nanu.
The two who abstained were Deputy Chief Justice Gibbs Salika and Justice Bernard Sakora.
Chief Justice Sir Salamo Injia in concluding as the chairman of the bench stated that “pursuant to section 19 of the constitution, an opinion given by this court on the interpretation and application of a provision of constitutional law is binding.
www.postcourier.com.pg/20120522/tuhome.htm
O’Neill is an ordinary MP: Sir Michael
By JOHN PANGKATANA
IN what capacity is Peter O’Neill re-calling Parliament?
He is only an ordinary MP following the issue of writs last Friday.
This is the view of Grand Chief Sir Michael Somare and his team of loyal MPs that followed the entourage to the Ela Beach Hotel, following a second Supreme Court ruling to reinstate him as Prime Minister yesterday.
In December last year, the Supreme Court ordered the reinstatement of Sir Michael Somare as Prime Minister.
A five-judge bench ruled that Mr O’Neill’s election was invalid and reinstated Sir Michael.
Prime Minister Peter O’Neill says he will not respect the court’s decision and has re-called
Parliament for this morning.
Sir Michael says he is satisfied that with much consideration the Supreme Court has handed down its independent decision.
Sir Michael said any action taken by the regime from May 21 onwards by the O’Neill/Namah regime is illegal and once
again unconstitutional, he added.
As of 9pm last night, Sir Michael and his team which included Madang regional MP Sir Arnold Amet, Southern Highlands governor Anderson Agiru, Pomio MP Paul Tiensten, suspended Angoram MP Arthur Somare, Nawaeb MP Timothy Bonga, East Sepik Governor Peter Wararu Waranaka Ben Semri, Tony Aimo, Andrew Kumbakor and Enga Governor Peter Ipatas.
They were understood to be meeting to confirm that all the interim key positions were in place.
Others that came included senior police officers and several former department heads.
www.postcourier.com.pg/20120522/tuhome.htm
Parliament recalled
By Simon Eroro
Governor General Sir Michael Ogio has recalled Parliament for 10am today for a special sitting to deal with the Supreme Court decision yesterday to reinstate Sir Michael Somare as the legitimate Prime Minister of Papua New Guinea.
Prime Minister Peter O’Neill, while announcing this in a press conference last night, also declared that his government will not recognise the decision of the Supreme Court to reinstate Sir Michael.
However, Sir Michael’s daughter Betha Somare in a text message stated that Sir Michael was satisfied that with much consideration the Supreme Court has handed down its independent decision. Any action taken by the O’Neill – Namah regime from 21 May 2011 onwards is illegal and once again unconstitutional. She advised that a further statement will be released today.
Mr O’Neill said the Supreme Court was once again, overstepping its mark by handing down the same decision they had expected.
He said it has become apparent that they have made the same decision and their decision is a proactive action to ensure that they create a chaotic situation in the country.
“This is unbecoming of a Supreme Court bench. For two of their most senior Supreme Court bench, Deputy Chief Justice Gibbs Salika and Justice Bernard Sakora to refuse to take part raised serious questions and that in itself, evidence has been shown in court.
“There is no constitution that allows for the courts to appoint a Prime Minister and those privileges remain with the Parliament,” Mr O’Neill said.
He said the decisions were made well before reinforcing the court order.
Mr O’Neill said the process to elect a new government had already begun starting this week with the issue of writs on Friday and the campaign decisions.
He said if the Supreme Court judges were concern about the country, they should have made a good decision - It is disappointing to see that two of the very senior members of the judiciary disqualified themselves.
“And this shows that the emails circulated by the judges are true.“It is my strong belief that Supreme Court was bias and that today we have given directives or instructions that all public servants will continue to work to maintain stability. Our position is we remain as care-taker government. The separation of power is very clear and that is Parliament can not overstep into the courts, likewise, the court. Court has no authority to instil a Prime Minister because our government has over 90 MPs compared to Court appointed PM Sir Michael with either eight or nine MPs.
www.postcourier.com.pg/20120522/tuhome.htm
Two judges step aside
By TODAGIA KELOLA
IN A RARE and unprecedented move, two of the five most senior judges of the Supreme and National Court presiding over the question of who is the legitimate Government have openly criticized their fellow brother judges on the bench, of perceived bias and dragging the Judiciary’s integrity in to the mud.
The two, Deputy Chief Justice Gibbs Salika and Justice Bernard Sakora, made these observations after voluntarily abstaining from making a decision on whether the O’Neil/ Namah or the Somare /Agiru faction were the legitimate Government. The three who were majority of the bench, Chief Justice Sir Salamo and Justices Nicholas Kirriwom and Les Gavera Nanu ruled that the Oneil/Namah regime were unconstitutional (see separate story on page 2). Chief Somare says O’Neill is only an MP. Deputy Chief Justice Gibbs Salika in his decision to abstain and in his ruling on two preliminary applications, one to defer the handing down of the decision and the other a disqualification application for a member of the bench , said “Issues of the integrity of Judges has never been raised like it is now before. If we were to save the judiciary from been further dragged in to the mud …then leave must be granted to the disqualification application..I am worried about the integrity of the judiciary”
Justice Sakora was more direct when deciding to abstain by stating that “ a Judge should not be a judge in his own court”
He further stated that the country and the Judiciary is bigger and more important than any individual and that he doesn’t want to be a part of this court after going through all these perceived bias to be a part will bring dishonesty to his private and personal integrity.
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