A three-man Supreme Court bench has closed the court file involving Vanimo Green MP, Beldan Namah, this afternoon.
This means the matter has been sent back to the National Court in Port Moresby to continue court proceedings.
Namah brought the matter to the highest court to seek legal interpretation on whether the Chief Justice, Sir Salamo Injia, was unable to act in his capacity as the head of the Judicial Services.
It was a unanimous decision, which was handed down by Justice David Cannings, on behalf of Justice Allan David and Justice Kolume Kiele.
Namah was present in court when the decision was made.
This case is in relation to 15 counts of misappropriation allegations against Namah as member for Vanimo Green.
During the National Court proceedings in Port Moresby, a leadership tribunal was appointed to the investigation of these misappropriation charges.
The court heard that on May 24, 2012 Namah stormed into courtroom three of the National Court House, where the Chief Justice was presiding over a case and shouted for him to be arrested.
The Chief Justice was arrested and charged and later released on his own discretion.
Namah then filed an application in the Supreme Court to seek legal interpretation on the powers and responsibility of the Chief Justice.
This afternoon, the court found that the Chief Justice is a victim on one hand, while a witness on the other, as he was the presiding judge when Namah stormed into the courtroom.
In this circumstance, the court ruled that according to Organic Law on Duties and Responsibilities, the most senior judge will appoint a leadership tribunal because the plaintiff holds a leadership office.
