Chuave open seat election petition

 The election petition challenge for the Chuave open seat in the Simbu province will resume in February next year when lawyers will have to address the court on the position of law regarding the passing of a petitioner.

Late Wera Mori (painting)

Petitioner Wera Mori, who is also the former MP had passed on when the election petition has progressed to the middle of it.

The court is placed in an awkward situation and Justice Lawrence Kangwia says the court would have to seek indulgence from the lawyers about this.

He said the organic law is very silent about situations like this when a petitioner passes on while an election petition is on foot.

 Following the lawyers making their applications on law whether the election petition case should proceed, the court will then hear no case submissions from lawyers.

Meanwhile lawyer for the petitioner late Wera Mori has told the court the late Wera Mori has not been laid to rest yet and his family wants the case to come to a finality and Chuave constituents should know who the real winner is.

Late Wera Mori, launching a program 

The petitioner has asked for a recount when challenging the win by Hon James Nomane.

Lawyer for Hon James Nomane has told the court there would be a lot of issues if the election petition is allowed to continue.

Among them, the lawyer cannot proceed without the absence of a petitioner who should provide instructions and counsel cannot manufacture instructions for a client.

Lawyer for Hon James Nomane has also raised issues on costs. They are concerned who would be responsible to pay for legal costs.

There will be 12 witnesses called and the trial was expected to take months.

Hon Nomane’s lawyer said its not simply a walk in the park.

The Electoral Commission lawyer  took similar stance with the incumbent MPs arguments.

The critical issue is if the relief sought by petitioner for a recount and he is successful, who then will enter Parliament when he has passed on.

These issues will be argued before the election petition court after lawyers have addressed the issue on law on what happens if the election petition is in foot and the petitioner dies.

The organic law is quite clear on when an MP passes on but not the petitioner.

 

Kokoda Initiative criticised

 The Kokoda Initiative funded by the Australian Government through DFAT has come under immense criticism for its ineptness to administer and develop the famous Kokoda Trail.

Charlie Lynn, an Australian war veteran and former Australian Parliamentary Secretary for Veterans Affairs has come out through a statement with several criticisms and calling out people to be sacked.

Charlie Lynn 

 

Mr Lynn owns Kokoda Adventure, a tour operator company that manages trekkers who walk the Kokoda Trail.

 

His comments were made after Justice Susan Purdon-Sully of the Waigani National Court ruled in his favour on Thursday December 14, 2023 that the tour operator license for Charlie Lynn’s Kokoda Adventure which was revoked by the Minister for Environment, Conservation and Climate Change Simo Kilepa should be restored.

 

Justice Purdon Sully has ordered Minister Simo Kilepa and the acting CEO of the Kokoda Track Authority (KTA), Julius Wargari ‘to take all steps necessary to restore the Commercial Tour Operator’s License for Adventure Kokoda’.

 

Mr Lynn has now called for the sacking of Kokoda Track Authority CEO, the removal of the DFAT Strategic Advisor from the Kokoda Initiative, the banning of the Australian Kokoda Tour Operators Association (KTOA) from PNG, and the transfer of Kokoda tourism from the PNG Conservation Environment Protection Authority (CEPA) to the Tourism Promotion Authority (TPA).

 

He has accused the Kokoda Initiative among other things the failure to improve battle sites to enhance the value of the pilgrimage for trekkers, or to assist campsite owners to develop their sites or to even build a single toilet that meets their most basic hygiene needs.

 

“Since they assumed control of the Kokoda Trail in 2009 I have witnessed tourism numbers fall by 46 percent,” Lynn said

 

“This has resulted in a cumulative loss of almost $20 million in foregone wages, campsite fees and local purchases for guides, porters, campsite owners and village communities they are supposed to help.”

 

“They have also failed to make the Trail safe by fixing some of the potential ‘death-traps’ across it or to introduce a single micro-business initiative to assist villagers to earn additional income by providing goods and services to meet the needs of trekkers, or to implement any measures to protect the welfare of their guides and porters,” Lynn said in a statement.

He said PNG must reclaim ownership of the Kokoda Trail from the DFAT funded Kokoda Initiative.

“PNG is now the only country in the world that allows its most popular tourism destination to be managed as an environment product for the benefit of aid-funded government bureaucrats and foreign officials rather than as a tourism enterprise for the economic benefit of traditional landowner communities,” Lynn said.

 

“The Kokoda Trail has the potential to be a World-Class pilgrimage tourism destination which will provide a sustainable economic future for the owners of land sacred to our shared military heritage.”

 

“It should no longer be used as a social-environment experiment for the benefit of aid-funded environmentalists, anthropologists, archaeologists, and foreign officials.”

 

Judge sentences Bhosip Kaiwi to life imprisonment for murder of wife

 After a long court battle and change of judges, Bhosip Kaiwi has finally being sentenced to life imprisonment at the Bomana Correctional Services.

Kaiwi, now 28, was charged with the murder of his wife Jenelyn Kennedy, 19, in June 2020.

Justice Teresa Berrigan who took over from acting Judge Wawun Kuvi whose term had expired and presided over the case said imposing a life sentence  is the only sentence that recognises the gravity of the offending. 

The court heard that Kaiwi and late Jenelyn Kennedy were married and lived at Korobosea in Port Moresby with their their two children- a three year old boy and a one year old girl.

Late Jenelyn's childhood friend Rachel Ipang also lived with them and helped with caring for the children. 

There were however tensions in the relationship with Kaiwi also having relationships with other woman.

Kaiwi also suspected his late wife Jenelyn to be having a relationship with another man.

The court found that Kaiwi subjected his late wife to much torture suspecting her of having a relationship with another man.

He used various forms of weapons to inflict pain on his late wife until she succumbed to death though a nurse friend was invited for a day and put a drip on late Jenelyn.

Kaiwi owned a boat building business and when he tortures late Jenelyn in their room, the boys engaged  in building the boat would turn up the volume of music and cover the shout from pain late Jenelyn was enduring.

There was history of violence by Kaiwi against his late wife Jenelyn.

Justice Berrigan said "this was a crime of extreme violence and appalling cruelty."

"There are a number of features that make it especially grave."

"The nature extent and severity of the injuries inflicted on the victim establish a very strong intention on the part of the offender to cause grievous bodily harm."

"What sets this case apart from other cases however is the repeated inflicted of particularly vicious injuries including through use of objects like belts and chains and other improvised weapons clearly calculated to cause immense pain and suffering in what can only properly be described as torture."

Justice Berrigan said the injury Kaiwi inflicted were chilling.

Justice Berrigan when considering the prevalence of violence against women in the country said domestic violence and killing of women by their current or former husbands or partners has long been recognised as prevalent. 

The National and Supreme Courts have repeatly denounced these offences.

Justice Berrigan also said women are an integral part of society.

They have the same rights and previleges as men under the Constitution. 

They are entitled to be treated with respect and dignity. The are entitled to fully participate in and benefit from the development of this country. 

Justice Berrigan said this will only be possible when women live free from the fear of violence  or death at the hands of their current or former husbands or partners.

Sepik Pride will be back in 2025 | Allan Bird

 Press Statement 

I welcome the decision by Digicel Cup Board on the Sepik Pride.

The good thing is that this is only a one year suspension so we have 12 months to get our house in order. Consider this a learning experience.

Sometimes we have to be humble and accept correction. We have too many issues that need to be fixed.

First of all, Sepik Pride needs one point of contact between the league and us. We can't have 3 or 4 people communicating with the league management body.

We have to improve governance and everyone needs to know their place in the organization.

I commend all the players, management and sponsors for giving this year their best shot. We have been found insufficient. Let's humble ourselves, rebuild, reorganize and come back better in 2025.

I want to thank the Digicel Cup Board for their decision which I felt was a fair one. Sometimes a child needs discipline. 

Time to get to work. Let's stop crying like babies and build from the ground up.

Port Moresby General Hospital struggling to administer specialist health care demand

Press Release 

PMGH is the Country's Level 6 referral specialist Hospital. It’s role is to provide specialised service which other Provincial Hospitals can not provide. 

PMGH is struggling to meet the specialist health service demand of the country because it is carrying the primary and Secondary health care load of the City’s growing population, including Central and Gulf Provinces. 

NCDPHA and Central PHA do not have a designated Level 5 hospital, there is no Level 4 health facility for Port Moresby North East and Moresby South Electorates. 

Central Province Level 4 District Hospitals need major facility upgrade equipped and appropriate manpower in place to serve the growing population. 

Until such time NCDPHA Level 5 hospital and its District Level 4 hospitals and Level 5 Central PHA hospital and its level 4 District Hospitals are upgraded, and Kerema Hospital upgraded to standards, PMGH will continue to take on the load.

This is reflected by overcrowding at PMGH Emergency Department, Overcrowding at the labor ward and babies delivered on the floor, overcrowding at outpatients, Radiology and Pathology.

PMGH while managing the primary and secondary care load it has stepped up to provide specialized service in Cardiac through the establishment of a Cath Lab, Kidney program to be established and cancer services to be established. PMGH continues to provide specialized care in Neurosurgery, Orthopaedic, Obstetrics and Gynaecology etc.

The Government has responded to the demand through the proposed establishment of a designated Level 5 Central Provincial Hospital and Level 5 NCDPHA hospital. 

Moresby South Level 4 Hospital will soon open to provide services. Taurama Military Hospital expansion plan is in progress.

We anticipate that by 2030 PMGH will offload some primary and some Secondary Care to those hospitals so PMGH concentrates on delivering specialized services. 

As a teaching and research Hospital, aligned to the proposed Medical and Health Science University, PMGH will maintain some primary and secondary care for training of undergraduate and post graduate students.

The public will continue to see crowded outpatients and emergency department unless the NCDPHA, Gulf PHA and Central PHA step up to take on some loads.

For now, PMGH is carrying primary and secondary care for the 3x PHA which you find overcrowding in PMGH.

Sepik Pride excluded from PNG rugby league competition

The PNG National Rugby League Competition ( PNG NRLC) , today confirmed the 12 teams that will be participating in the 2024 season of its flagship competition, the Digicel- ExxonMobil Cup.

Leith Isaac, PNG NRLC General Manager said, “This announcement comes after much deliberation with key stakeholders and by the Board of the PNG NRLC, also with findings from the recent PNG NRLC Club Audits, conducted by the PNGRFL’s High Performance team. ”

“As part of implementation of the NRLC Strategic Plan of which Club Professionalism is a key pillar, the Audit was an initiative carried out to understand the existing franchises challenges and strengths and how information and lessons can be shared across all Clubs in a coordinated manner,” added Issac.

Expressions of interest were received from four other bidding franchise clubs for the upcoming season, including the Waghi Tumbe.

PNG NRLC Board Member, Lorna McPherson confirmed the participation of 11 franchises from the 2023 competition, announcing the exclusion of the Sepik Pride franchise for season 2024 and the return of the Waghi Tumbe. 

“ Like any inclusion of teams to our competition, the due process of EOIs, vetting, and filtering was undertaken for us to reach our decision. The Waghi Tumbe were no 

different, being given their opportunity to bid to return to the competition,” said Isaac.

From the Board’s assessment of the four new bidding franchises, Provisional licenses were granted to Simbu Warriors and Morobe Kandes for 2025, in light of meeting most requirements in their bid application.

For the criteria that were not fulfilled, PNG NRLC will work with them to ensure the criteria are fully satisfied.

Papua New Guinea Rugby Football League ( PNGRFL) CEO Stanley Hondina in acknowledging the announcement said

“On behalf of the PNGRFL Board and management, I would like to congratulate Chairman Adrian and his board for the manner of professionalism brought into the game, building systems and processes that can help our game get better. ”

“We are excited to see the connections between the franchises and their respective associates and affiliates in their catchment areas working together - an outcome we 

have always wanted to get for a while. ”

“We also congratulate the 12 successful teams for season 2024 and wish them all the best as they prepare for season 2024.

There will be continued work to support the 12 clubs and the others who weren't successful this time, in getting them to a better place come next season and beyond. This will be through our Community and High-Performance department

Played in Australia cherished in PNG

Whether you like it or not this generation of Papua New Guineans who follow the Australian National Rugby League is deep rooted and very religious.

Times have transitioned and the manner in which this generation adores the game, discuss pre and post match games and indulge in sledging is unbelievable.

Papua New Guinea probably has one of the largest Brisbane Broncos fan group outside of Australia.

The 2023 grand final is a big dance for the PNG Broncos fans who had been missing finals since 2006.

The Panthers though has a few fanatics but the number may have grown a bit, thanks to romance rumours about Nathan Cleary and Mary Fowler.

Mary is half Papua New Guinean whose mum is from a native Port Moresby village.

As far as Papua New Guineans are concerned, courting or being romantic with one of them is already marriage and so Nathan Cleary is a PNG inlaw.

And of course there is increase in fanfare and support.

Gabagaba village ICT Facility launched

A step in bridging the digital divide in PNG

The Minister for Information and Communications Technology (ICT), Hon Timothy Masiu, unveiled the Gabagaba Village ICT Facility today, marking a significant step towards bridging the digital divide in rural Papua New Guinea.

The inauguration of this state-of-the-art facility was met with enthusiasm from the local community, who expressed their gratitude for the opportunity to access the digital world.

The Gabagaba Village ICT Facility is part of the Smart Village project, a global initiative, now introduced to PNG through the Government. The project aims to remote areas with the rest of the world. 

This project focuses on providing essential digital services to underserved communities, and it was made possible through a collaboration between the National Information and Communications Technology Authority (NICTA) and Gabaspot, a local entrepreneur.

One of the key challenges facing such projects is ensuring long-term sustainability. To address this, the facility was designed and built by local entrepreneurs, ensuring that it remains a vital resource for the Gabagaba community for years to come.

Mr. Kone Kula, Director of the Universal Access Service (UAS) at NICTA, emphasized the importance of bringing communication services to areas with limited access. He encouraged the community to take care of the facility and highlighted the various opportunities in the ICT ecosystem.

CEO of NICTA, Kila Golu-Vui, underscored the impact of the project, which will benefit over 6000 people in the Gabagaba community.

“The intention is to extend the signal to other nearby villages as well,” Mr Gulo-Vui added.

He commended the CEO of Gabaspot Mr. Guise Vere’s passion for making the project sustainable and ensuring that harmful content is filtered from the network, especially to protect children.

Minister Timothy Masiu expressed his deep honor at being part of this initiative, stressing the importance of embracing the Smart Village concept to keep in pace with global technological advancements.

He highlighted recent collaborations at the Pacific ICT dialogue and the signing of the Lagatoi Declaration as steps toward introducing digital services at the grassroots level.

Minister Masiu added that the government is committed to harnessing the power of technology to uplift the lives of all Papua New Guineans, regardless of their geographical location.

CEO for Gabaspot Mr. Guise Vere announced that the facility would be known as the “Gabaspot Digital Hub.” He also revealed plans for digital training programs to empower the local community, emphasizing the long-term significance of this endeavor.

This facility is the second of its kind launched by NICTA, with the aim of serving the local population.

The Gabagaba Village Connectivity Facility boasts 16 computers, equipped with an e-library to benefit students who can use the resources free of charge. To combat frequent power outages, the facility is equipped with a solar power system, a standby generator, and servers powered by an inverter. 

Additionally, Mr. Vere, a key figure in the project, has introduced an affordable token-based Internet cafe system, making local internet access more accessible.

Mr Vere is a person with disability, and the government aims to be inclusive in their collaborative efforts in connecting the rural communities of PNG. 

The launch of the Gabagaba Village ICT Facility marks a crucial milestone in Papua New Guinea’s journey towards digital inclusion, offering the local community access to the benefits of the digital age while fostering sustainability and responsible internet usage.

Hon. Peter O'Neills qualification to question the election of James Marape queried

 

A full Supreme Court bench comprising five judges have concluded hearing a Supreme Court reference filed by Ialibu Pangia MP Peter O'Neill at 5.20pm yesterday 

 

The bench comprising Chief Justice Sir Gibbs Salika, his deputy Ambeng Kandakasi and other judges Ereke Kariko, Panuel Mogish and David Cannings have reserved their ruling to a later date.

 

In this supreme court reference Mr O'Neill was asking the high court to provide a legal opinion on whether the election of Prime Minister James Marape on August 9 last year was proper and constitutional.

 

 One of the main issues raised before the five judges was whether a gazettal notice of meeting of Parliament published on August 1^st, 2022 was proper. 

 

Through his lawyer Ron Webb Mr O'Neill also asked the court to declare section 63 of the OLIPAC law unconstitutional as it does not support section 50 which allows citizens to take part in an election. 

 

This argument particularly concerns the non participation of other MPs whose writs were not returned yet and ultimate denying them the constitutional right to vote for a Prime Minister or be nominated to contest.

 

The argument was that only 83 writs out of 119 were returned when Parliament was called.

 

The high court will have to offer an opinion whether having 83 writs was sufficient to call a meeting of Parliament and elect a Prime Minister.

 

Mr O'Neill through his lawyer Ron Webb while asking the high court to declare section 63 of the OLIPAC unconstitutional has prompted the Supreme Court bench to ask O'Neills lawyer whether his client had benefited from this OLIPAC law in the previous elections 

 

 

O'Neill's lawyer said this supreme court reference was about what happened in this parliament and not in previous ones.

 

The Peoples National Congress Party through lawyer Davis Steven endorsed Peter ONeills arguments adding they were concerned about the processes leading to the first sitting of Parliament being unconstitutional.

 

 Lawyer for the Attorney General Levente Jurth had a strong contention against Peter O'Neills application.

 

Other five intervenors endorsed the arguments by the Attorney General's lawyer.

 

Among interesting opposing arguments were that Mr O'Neills application through section 18 was not of personal interest concerning Constitutional matters and he failed to plead how he was directly affected in anyway. 

 

He should have files through sect 19 because the issues were of public interest, but then only constitutional office holders can use sect 19.

 

The Attorney General's lawyer also argued that Mr O'Neill did not clearly plead how he has suffered personally in any way and reliefs he was after were not stated .

 

The bench had prior inquired why Mr O'Meill did not indicate reliefs sought in the application book.

 

The bench said it was fundamental.

 

They only heard O'Neills lawyer asked the court for reliefs during submissions yesterday.

 

 The Attorney General's lawyer had asked the court not to entertain O'Neills application.

 

Peter O’Neill’s lawyer Ron Web says his client has sufficient interest in the constitutional matters.

 

The Supreme Court bench has reserved its ruling to a later date.

Attorney General briefs out legal representtation

 

The State Solicitor General’s office will not be representing the Attorney General Pila Niningi during the Supreme Court reference filed by the Opposition Leader Hon. Joseph Lelang.

The supreme court reference filed early this month as a Sect 18 reference seeks the high court’s interpretation whether the recent signing of two Defence Cooperation Agreements with the United States in May were constitutional.

Issues of legal representation from the Attorney General who wants to be an intervener arose on Monday when a private law firm lawyer and state lawyers appeared to represent the Attorney General.

But on Tuesday a state lawyer informed Justice Derek Hartshorn that the Solicitor General’s office would not be representing the attorney general, Pila Niningi as they have briefed out the matter to Mel and Hennry Lawyers.

While the issue of representation is quite settled, Lawyer Dane Mel from the brief out law firm has to make an application for the supreme court to accept the attorney general as an intervenor in this reference.

He had asked for an adjournment for 14 days but Justice Hartshorn declined it and moved the hearing date to Friday at 9.30am.

Mel had told Justice Harshorn they were unable to sight the court documents in order to make and file their case.

Brendan Lai who represents the Opposition Leader Joseph Lelang had taken issues that the delays with legal representation were in house matters for the Solicitor General’s office.

Lai wanted the application for the Attorney General to intervene to have been moved on Tuesday or be dismissed for want of prosecution.

The matter is now settled to be heard on Friday 9.30 am.