Bryan Kramer allowed by Supreme Court to review his dismissal as MP

 A three man bench of the Supreme Court has allowed dismissed Madang Open MP Bryan Kramer to appeal his dismissal from office.

The leadership tribunal dismissed Mr Kramer on.

High court rules Douglas Tomuriesa has standing

 The PNG Supreme Court comprising five judges have unanimously ruled that the Opposition Leader Douglas Tomuriesa has standing to bring a Supreme Court Reference under sec 18 (1) to court. 

Despite opposition from interveners the Speaker and the Attorney General,

Supreme Court to rule on standing of Douglas Tomuriesa

 A five man Supreme Court will rule this morning whether Opposition Leader Douglas Tomuriesa has standing to bring a supreme court reference to the high court.

The reference essentially seeks the high courts opinion on the happenings in Parliament on June 5, 2024.

A motion of no confidence was declined by the Private Business Committee to have it put on notice paper the following day.

Lawyers for the Speaker and the Oppostion argue that Mr Tomuriesa has no standing and the questions raised were not important constitutional matters and parliament processes were not exhausted yet before coming to court.

If the high court rules that Mr Tomuriesa does not have standing, the case comes to an end.

If they rule he has standing, lawyer for the attorney General will raise issues of objection to competency of the supreme court reference.

Mr Tomuriesa has appealed to everyone for peace and respect the processes of the court as they endeavour to hold the government accountable.

Yesterday the five man bench was supposed to convene and hear the application on standing by Mr Tomuriesa.

But at 1.30pm on Wednesday, June 26, Mr Sheppard received an objection to competency application from the Attorney General. 

Mr Sheppard was responding to it when he was interjected by Justice Les Gavara-Nanu that the court was not there yet.

As he tried to explain further, Chief Justice Sir Gibbs Salika intervened and stressed the court is not covering to hear an application on objection on competency but on the standing of Mr Tomuriesa. 

The Attorney General and the Speaker has argued Mr Tomuriesa did not have standing , there were no serious constitutional issues raised.

Waigani court commits suspects policemen involved in alleged murder

 The Waigani District court this morning committed six police men and one civilian to trial at the national court for alleged killing of Kimoly Dagoba.

The deceased is the son of the Provincial Administrator of Hela province, Marago Dagoba.

The Hela Provincial Administrator and relatives of the deceased welcomed the court decision this morning.

The seven accused appeared before Magistrate Albert Daniels at the Waigani district court.

The suspects comprising of three regular police personnel and four civilians of who are alleged impersonators were jointly charged with the alleged murder of Kimoly under section 300 subsection 1A of the Criminal Code.

Magistrate Daniels made the decision this morning after police file was ready and the lawyer representing the seven accused was not present in court to defend the suspects.

Father of the deceased told the media outside the court house this morning that he’s relieved that justice has taken its course and the suspects allegedly involved in the death of his son will now stand trial at the national court.

He further called on the police commissioner and police hierarchy to be vigilant and screen members of the force properly to ensure there are no impersonators.

According to police reports in court, the body of the deceased was discovered on the 28th of November 2023 and the seven suspects linked to the alleged murder were apprehended and locked up in the same week.

The seven defendants committed are all between the ages of 23 to 33.

Magistrate Daniel informed them of their rights, including re-emphasizing to them their innocence until proven guilty by the courts.

The matter has been adjourned to the district court registry for the suspects to prepare their response to the court’s decision.

Supreme Court grants leave to Speaker and Attorney General to be interveners

 The Supreme Court in Waigani,Port Moresby this morning granted leave to the Speaker of Parliament and the Attorney General to be interveners in the reference filed by the opposition.

This reference seeks the high courts opinion regarding the conduct of parliament and the private business committee recently, refusing to entertain a motion of vote of no confidence against Prime Minister James Marape.

Lawyers for the opposition say the Supreme Court will convene next Thursday, June 27 to hear an application whether opposition leader Douglas Tomuriesa has standing to file a Supreme Court reference under Section 18.

If leave is granted further proceedings to prepare for hearing will be done and lawyers for the opposition say if leave is denied, they will explore other legal means to seek opinion from the high court on Constitutional matters.

Opposition files Supreme Court Reference under Section 18 to query conduct of Speaker among others

 The Opposition has filed a Section 18 Supreme Court Reference to review the process involved in disputing the recent unsuccessful vote of no confidence motion in Parliament. 

The case was filed on Monday this week by Young and Williams Law firm representing the Opposition Leader. 

They are seeking further orders to have,  parliament recalled immediately to deal with the Vote of No Confidence Motion as they alleged the process was not followed.

A copy of the sealed application obtained  indicated, the Opposition is seeking interpretations of Sections 11, 111, 135, 145 and 155 sub-section 4 of the Constitution and Section 22 of the Parliamentary Standing Orders. 

It relates to the V-O-N-C process and the role and the conduct of the Private Business Committee, which is made up of mostly members of the ruling Pangu Pati. 

The Opposition is also questioning the conduct of the Parliament Clerk,  the Speaker and  Parliament. They will argue among others, that the Notice of Motion of NO confidence in the Prime Minister is special and should not be treated as an ordinary notice of motion in the way it happened on Wednesday 5th of June. 

They are also questioning the role of the PBC and what it should do in clearing the motion quickly to go before the Clerk for vetting. 

The opposition also claimed that Parliament had breached its duties by not permitting or not facilitating the applicant (Opposition leader) to introduce the Motion of No Confidence in the Prime Minister into Parliament. 

A date for hearing is yet to be set. The court as usual is expected to deal with the issue of standing of the Opposition Leader Douglas Tomuriesa first before dealing with questions raised for its interpretation.

This could be the reason why they have opted to file a Section 18 Reference. If the Supreme Court finds the Opposition Leader does not have standing or there are irregularoties, they may come back to court and file under Section 19.

 If they are successful they've asked the Supreme Court to order parliament to reconvene immediately to deal with the VONC motion. 

Kundiawa Gembogl seat goes for recount

 A Supreme Court decision which dismissed an application for leave to review a National Court decision that nullified the election win by Muguwa Dilu after the 2022 National Elections.

He was declared MP for Kundiawa Gembogl, Simbu Province.

Deputy Chief Justice Ambeng Kandakasi upheld the petition and considered a recount from exclusions 19 to 22.

Muguwa Dilu's Supreme Court dismissal can be read here.

As per the organic law on elections "a decision of the National Court is final and conclusive and without appeal, and shall not be questioned in anyway."

PNG has a new Court of Appeal

 Following a successful amendment to law in Parliament, Papua New Guinea will now have a third higher court system.

This Court of Appeals will exist between the National and Supreme Courts and the Court Restructure Law 2023 allows this.

Both the government and the opposition supported this law and passed the bill through voting during the final reading last Wednesday. 

Justice Minister and Attorney General Pila Niningi successfully brought the bill to Parliament.

He said judges of the higher courts will sit in one higher court only.

This means judges will be appointed to sit in the national, court of appeals or supreme court's. 

A judge cannot sit in two or more courts as was the practice.

Mr Niningi said with the new court restructure law in place, judges appointment for each court will be done  separately.

Know your rights and limitations under PNG laws

 Many of us know little about our rights and how to form cases to present to police or assist our lawyers put together a strong court case.

From the outset, you must know that courts rely on facts, evidence and law to make decisions that are impartial.

AI generated image of a PNG police officer 

File photo: Lawyers walking out from Waigani National and Supreme Court

But there  are procedural approaches that you and I must know and appreciate. We need to comply or else we face charges.

In this write up, I focus on perverting the course of justice.

It is a very serious offence under the criminal code act (CCA).

If you lay a police complaint against someone and the process of arrest and prosecution before court have begun, do not negotiate to withdraw the case. I repeat do not withdraw the case, it would be deemed perverting the course of justice and the court and police can charge you for that.

Magistrate Paul Nii at the Waigani Committal Court has warned a complainant who has decided to withdraw a case after some payments were received from the accused that it was wrong and police and courts can charge the complainant for perverting the course of justice. 

The police arresting officer who was also in court told the court the complainant was not helpful to bring evidence and a file can be prepared for prosecution.

Magistrate Nii said police should carefully analyse the intent of complaints before effecting arrests.

Some complainants want to use the system to threaten the accused and receive what ever award they are after.

He said this should not be entertained.

The next scenario, if you have a registered police complaint against you, do not go and file a complaint against the complainant again.

That would be deemed an attempt to pervert the course of justice and you can be arrested and charged. 

Just allow the process to fully complete and then you can file your case.

This is very important.

If you find this information helpful, you can comment below or email pngmediaproduct@gmail.com

I have more paralegal tips for you so subscribe and you will be alerted when I post.

Thank you for reading this tip.

Okapa Open seat election challenge ends

It was a jubilant moment for the supporters of Okapa Open MP Saki Soloma.

They hoisted lawyer Charles Mende as they left the Waigani Supreme Court.

Justice Derick Hartshorn sitting as a single judge at the Supreme Court dismissed the election  challenge for Okapa Open in the Eastern Highlands.

Petitioner Simeon Kibeto has filed leave to review a decision by the National Court that dismissed his petition.


He challenged the election victory of Honorable Saki Soloma over bribery allegations.


Justice Derick Hartshorn said a decision of the National Court on elections is final and and conclusive and within appeal should not be questioned in anyway.


Petitioner Simeon Kibeto has appealed to the supreme court that the judge at the National Court fell into error in her consideration of evidence and witness statements.

There was a huge gathering then that people gathered and contributed food and money to say sorry for an attack on the Hon Saki Soloma during the 2022 election campaign.


The primary judge had seen there were no strong elements of bribery by the MP but rather a customary obligation performed by people in that location.

Justice Hartshorn said application for leave to review should be granted if there is important point of law to be determined and and that is not without merit or whether it is gross errors clearly shown or manifested on the face of evidence before court.

His lawyer Charles Mende has strongly argued that the grounds pleaded are lengthy, convulated and confusing. They should be struck out for being an abuse of process as they are incompetent.

Mr Mende also submitted that the grounds fail to address the totality of the evidence and a nit picking, they fail to identify and important point of law that needs to be determined

Hon Saki Soloma had a huge celebration with his supporters after a two year court battle.

Supreme Court declares 12 provisions of OLIPPAC unconstitutional

Twelve provisions of the organic law were nullified in 2010.

Click link below and read the Supreme Court's decision 

OLIPPAC nullified

Malaysian conviction of 22 years quashed by National Court

 A Malaysian national has successfully appealed in the National Court in Waigani for his district court conviction to be quashed.

 Tan Kneng Soon ,29, from Kuala Lumpur was convicted and sentenced by the district to a total of 22 years and fined a sum of K45,000 as well in October 2023.

He was arrested and charged on two counts for receiving financial benefits from controlled substances in methamphetamine and cannabis.

Soon was arrested and charged with another Malaysian Leon Aungfong,42,  and two other Papua New Guineans. A taxi driver from Southern Highlands and a female from Korobosea, National Capital District.

Police alleged that on November 16, 2022 they had large quantities of methamphetamine weighing 174kg and 80 grams of cannabis which are of commercial quantity.

They were charged as having in possession of controlled substances.

Soon and the Papua New Guineans pleaded not guilty except Aungfong.

Soon was sentenced to a total of 22 years and fined a sum of K45, 000 but appealed the district court’s conviction  in the national court and Justice Paulus Dowa has quashed his conviction.

Justice Dowa referred the matter back to the district court mainly because of procedural errors.

Justice Paulus Dowa considered that the 29 year old Soon was not given natural justice at the district court by having an interpreter translate to him so that he could understand the charges.

Justice Dowa also considered that Soon did not give his allocatus- a statement made by the accused found guilty before a sentence is imposed.

He said such lapses in procedure renders the conviction and sentence unsafe because the accused is not given an opportunity to say something which could have had an impact on the type of sentence imposed.

Justice Dowa also considered the sentence was excessive and not within the district court’s jurisdiction. The charge of being in possession of 80 grams of cannabis as a controlled substance was also an error. Cannabis is not a controlled substance.

The state prosecution has consented to most of the grounds of appeal by Soon.

Justice Dowa said the charges against Soon were serious and in the national interest and public policy the matter is referred back to the district court and a new magistrate will hear the case. His K45,000 fine would be refunded.

Just a background to the case

It was at 4pm on November 16, 2022 police nabbed the taxi driver from Southern Highlands at the PNG Air cargo terminal at seven mile in Port Moresby.

This was after PNG Air staff reported to police after scans found some unusual cargo the taxi driver intended to send. 

The taxi driver led police to the female from Korobosea waiting in the taxi who then led them to a unit at Rangeview that belongs to Aungfong. 

He admitted having methamphetamine and cannabis at his unit and while police were searching found Soon upstairs. They were all arrested, charged and detained.

 

Two Mile Hill settlers in Port Moresby allowed to file claim against the state

 Acting Judge Pauline Bre has refused the states application to dismiss a 16 year old case for claims against the state.

Peter Null and 313 others took the state, the National Capital District Commission and a former acting police commissioner, now deceased Fred Sheekiot to court.

They alleged unlawful raid and destruction by police and NCDC officials to their dwellings and properties  on 30 November 2006 at Pruth Street, 2 Mile Hill, National Capital District.

The state then filed an application to dismiss the case for non compliance with section 5 notice just when the matter was going for trial in 2023.

It argued the section 5 notice was addressed to the Attorney General then Fred Tomo but it should have been addressed to the Head of Department or the Secretary of the Justice Department or the Solicitor General.

The state further argued that the Attorney General is not an office lawfully recognized to receive a section 5 notice.

Another argument by the state was that the claims against the state presented in a letter did not provide details of tortfeasers- an individual or entity that has been found to have committed a civil offense that injures another party.

After careful considerations on submissions and law, Acting Judge Bre said the section 5 notice was sufficiently served to the acting Attorney General Fred Tomo.

Acting judge Bre also considered the long period it had taken to settle the issue.

She said it is unjust and an abuse of process for the state to raise preliminary issues of Section 5 notice at the very late stage of the proceedings.

She also said details of individuals or entities found to have committed an offence should have been raised earlier.

Acting Judge Bre was set to hear the matter in late 2023 when the issue was raised and trial vacated.

The claims by Peter Null and 313 others at Two Mile Hill in Port Moresby will now go to trial with a date to be set.