By Vasinatta Yama – EM TV News, Port Moresby
The Waigani Supreme Court today has refused the Public Prosecutor’s bid to dismiss Belden Namah’s substantive reference on his Leadership Tribunal.
The reference hearing was referred to the Supreme Court for interpretation of a constitutional question.
The court ruled that the grounds raised by the Public Prosecutor were unnecessary and not proper.
The decision was made by Justices David Cannings, Allan David, and Hitelai Polume-Kiele.
The Court refused the application stating that the Constitutional question is proper and will be heard at the Supreme Court.
On February 1, this year, Acting Judge, Salee Koeget, of the National Court stayed the proceedings of the Leadership Tribunal, and referred to the Supreme Court to determine a Constitutional question arose, relating to the interpretation of Section 169, sub-section 4C.
Yesterday, Public Prosecutor lawyer, Laias Paul Kandi, argued that the Acting Judge made an error to refer the reference hearing to the Supreme Court, because the manner in which the referral was made was an abuse of process, and he asked the Supreme Court to dismiss it before the hearing.
He also argued that the Court did not listen to the plaintiff, Belden Namah, or the defendants, before handing down its decision.
Namah’s Lawyer, Greg Shepard, responded that the Supreme Court is the specific Court for References such as this to be challenged.
The court today has made its decision that the Constitutional question will be heard at the Supreme Court on June 16.