Source:
The National - Friday, September 30th 2011
By JULIA DAIA BORE
THE Supreme Court has disallowed attempts by lawyers representing the government to have a doctor of their own choice conduct a further examination on Sir Michael Somare.
Lawyers representing Prime Minister Peter O’Neill, Attorney-General Dr Allan Marat and Speaker Jeffery Nape told the five-judge panel of the Supreme Court that according to an analysis of the Grand Chief’s medical reports by a clinical neuropsychologist, Sir Michael, at one time during his medical treatment in Singapore, had been of “unsound mind”.
Lawyers Manuel Varitimos for O’Neill and John Griffin for Marat submitted to the court this week that they were basing their submissions on a professional medical analysis.
Griffin bluntly put to the court that Sir Michael had “suffered brain damage”.
Marshall Cooke QC, representing Sir Michael, and Ian Molloy, representing the East Sepik provincial executive said there was no professional medical evidence before the court to suggest such a claim.
Cooke said the O’Neill-led team had jumped the gun by declaring a vacancy in the prime minister’s office on Aug 2 when there was none, and ousted Sir Michael.
He said they were now trying to get the court to grant orders for medical documents to be provided for them to justify their actions on Aug 2, 2011 and subsequent actions on Sept 6, when they removed Sir Michael as an MP.
But Griffin said the analysis by Mary Kerr, a clinical neuropsychologist, was based on three affidavit statements filed in court by the referrer, from which the professional analysis was made.
Chief Justice Sir Salamo Injia, looking bemused, inquired about the identity of the expert doctor.
“Is this medical expert Sir Michael Somare’s Singapore doctor?” he asked.
Justice Bernard Sakora also queried if the doctor was at Sir Michael’s bedside on Aug 2, the material time in question, to make an analysis of Sir Michael’s health status.
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