Court Rejects PNG Deputy PM Rosso's Attempt to Block Investigation

The National Court has dismissed an application by Papua New Guinea  Deputy Prime Minister and Minister for Lands and Physical Planning John Rosso seeking to halt an ongoing investigation by the Ombudsman Commission into allegations relating to undeclared income.

Justice Paulus Dowa delivered the ruling yesterday morning, stating that the court could not interfere with constitutional investigative processes while they were still in their preliminary stages.

The investigation stems from allegations that Mr Rosso failed to declare income in his 2016 annual statements, which are required under the Leadership Code. The Ombudsman Commission had written to the Deputy Prime Minister requesting his response before determining whether a prima facie case of misconduct in office existed for referral to the Public Prosecutor.

Mr Rosso sought leave for judicial review, arguing that the investigation was motivated by personal bias, bad faith and improper motives. He alleged that the matter was accelerated after he refused to intervene in a private property dispute involving Chief Ombudsman Richard Pagen, his daughter and Emma Rosso.

 Court Rejects PNG Deputy PM Rosso's  Attempt to Block Investigation

However, Justice Dowa ruled that the application was premature, emphasizing that judicial review is considered a remedy of last resort and can only be pursued after all administrative avenues have been exhausted.

“The Ombudsman Commission is still conducting preliminary assessments and has not made any final determination,” Justice Dowa stated in court. “Mr Rosso’s legal rights have not yet been adversely affected.”

The court further noted that the constitutional framework already provides sufficient safeguards for leaders facing allegations under the Leadership Code, including opportunities to respond before the Public Prosecutor or a Leadership Tribunal.

Justice Dowa also ruled that Mr Rosso failed to establish that the Ombudsman Commission had acted outside its jurisdiction. Under Section 217(6) of the Constitution, court intervention is only justified where the Commission exceeds its constitutional authority.

On the allegations of bias against Chief Ombudsman Richard Pagen, the court found no sufficient evidence to support the claims. Justice Dowa observed that the investigation notice in question had been reviewed and issued by Ombudsman Tabitha Suwae and Acting Ombudsman Simon Bole, neither of whom were linked to the alleged private dispute.

The court concluded that allowing judicial review at this stage would improperly interfere with the lawful functions of the Ombudsman Commission and disrupt the proper administration of the Leadership Code.

The ruling now clears the way for the Ombudsman Commission to continue its investigations into the allegations against the Deputy Prime Minister.