Prime Minister O'Neill wins first leg of court battle

PRIME Minister Peter O’Neill has won his first leg of court case in relation to his challenge on his referral to the leadership tribunal on allegations of misconduct in office. His court victory today in the National Court follows granting of his application seeking leave (orders) of the court to add members of the leadership tribunal (appointed to inquire into his alleged misconduct in office) to be a party and to amend an originating summons he had instituted on November 20, last year against the Public Prosecutor. In that proceeding, Mr O’Neill was seeking a declaration that he (Public Prosecutor) was not entitled to refer the matter of alleged misconduct in office against him to a leadership tribunal. He was also seeking a permanent injunction restraining him from referring the matter to such a tribunal. Also on November 20, 2014, Mr O’Neill filed a notice of motion seeking an interim injunction to restrain the Public Prosecutor from referring the matter to the tribunal and an order referring a question of constitutional interpretation and application arising from the proposed referral, to the Supreme Court under section 18(2) of the Constitution. Mr O’Neill stated in his application that the amendment of the originating summons in the terms he had proposed would facilitate a more expeditious determination of the real questions raised by the proceedings on the constitutionality of the Public Prosecutor’s decisions relating to referral of alleged misconduct in office to the tribunal and the jurisdiction of the tribunal to inquire into that matter and avoid the prospect of multiplicity of proceedings which Justice David Cannings agreed and granted him leave. The consequential orders of the court by Justice Cannings were as follows:

The members of the leadership tribunal set up and headed by a retired New Zealand judge Sir Peter Blanchard and members retired Australian Federal Court judge John von Boussa and Justice Salatiel Lenalia are being added to the proceeding as second defendants with existing defendant, Pondros Kaluwin, in his capacity as Public Prosecutor as first defendant.

Leave is granted to the plaintiff (O’Neill) to amend the originating summons filed on November 20, 2014.

The reasons for the ruling in favour of Mr O’Neill according to Justice Cannings were that the application by Mr O’Neill was made in good faith, for good reason and without delay and neither the tribunal comprising its members nor the Public Prosecutor or any other person was likely to be prejudiced when the plaintiff was granted leave. The head judge of human rights also held that the joining of tribunal members as party in the proceeding was not likely to unreasonably delay or frustrate the constitutional process of which the proposed referral by the Public Prosecutor of the plaintiff to the tribunal was a part. Justice Cannings advised the parties to return to court and make submissions on the substantive matter today at 1.30pm.

PNG Today /Post Courier