POST ANALYSIS OF PMS CASE by Bryan Kramer /////////////////////////////////////////////////////////////////////////////////////////////////////////////////// Friday 26th June 2014 - Today the National Court finally heard the lawyers submissions (arguments) in the PMs application seeking an interim (temporary) stay order preventing his arrest. The Application that was originally filed as an urgent matter on Monday 16th June but ended up taking two weeks to deal with. Where now the judge will hand down his decision next Tuesday 1st July 2014 at 1:30pm The delay was because lawyers for the PM and Acting Police Commisser kept designing means and ways to delay the process so as to ensure the temporary stay order by the court would remain in effect while the matter was being dragged out in court. Day #1 late Monday afternoon 16th June - PMs Lawyer Ms Tiffany Twivey rushes to Court assisted by Paul Mawa to find a judge to hear the PMs urgent application (request) to prevent the Police from arresting him. Judge orders them to come back next day (Tue) and he will hear matter at 10:30am Day #2 Tuesday 17th June - PM Lawyer appears in court to argue his application to prevent his arrest. Police Lawyer Nicholas Miviri also appears to argue against the PMs application. Mr Miviri files and serves Sam Koims affidavit (sworn witness statement) to support the Polices case as evidence to confirm the arrest warrants were obtained lawfully. PMs Lawyer having only received the affidavit asks the court for an adjournment (delay) so she can have the benefit of reviewing the affidavit properly and argue against it. Typically parties are required to serve each other documents at least three days in advance so they can have time to review, research and prepare to argue against it . Anything less than three days is referred to as short service. Because PMs Lawyer only received the Koims affidavit the same day in court the Court was forced to adjourn giving her extra time. Judge adjourns case to next day. While the matter is before the Court Police can not arrest the PM. (first delay tactic) Day#3 Wednesday 18th June Parties (lawyers) appear in Court this time Paul Mawa new lawyer appears on behalf of the Police. Police regular Lawyer Miviri was unaware he had been sidelined by the new Acting Police Commissioner Geoffrey Vaki and new Attorney General (Minister for Justice) Ano Pala who were both appointed by PM and NEC overnight to sideline Police Lawyer and support PMs case. Miviri and Mawa argue in court who has the right to represent the Police. Judge forced to accept Mawa as new Police Lawyer because his appointment is supported by proper authority office of Police Commissioner and Attorney General. Mawa then moves motion to support PMs application for stay order rather than the Polices case against it. Judge refuses his motion. Mawa second option asked for adjournment claims he has only been appointed and needs time to look over the files and properly advise his client. Judge gets annoyed but has no choice but to adjourn the case until next Wednesday giving orders to parties to sort themselves out before they return to court. (2nd delay tactic) Day#4 Wednesday 25th June - Parties appear in Court this time Police Lawyer Mawa disqualifies himself because he had previously represented Paul Paraka in other cases. New Police lawyer is Sam Bonner, he asks for an adjournment of 21 days because he needs time to review the file and consult his client Vaki. PMs Lawyer supports Bonners request. Judge refuses adjournment of 21 Judge extremely frustrated and only adjourns until Friday. Judge puts lawyers on notice there will be no other adjournments after Friday. (3rd delay tactic) Day#5 Thursday 26th June - Sam Bonner gives instructions to his associate Mr. Aigilo to file proceedings in the District Court to set aside the arrest warrants issued by the Chief Magistrate. This course of action is an abuse of process the matter is already before the National Court (higher court) you can not to file new proceedings before another court. The associate writes a memo to Mr. Bonner refuses his instructions and withdraws his involvement sighting it would be highly improper for him to act or render his legal service to the case that now puts PNG’s ‘Rule of Law’ into disrepute or stake. Believing if he executes Bonners instructions, he feels that he would assist in destroying the ‘Rule of Law’ and this is the last thing he would do for his Country he loves PNG with his very Life. Acting Commissioner Vaki reportedly issued suspension notices to Director Crimes Mathew Damaru and his Deputy Timothy Gitua together with Police Lawyer Nicholas Niviri and requested them to hand him the file on the PM. Ombudsman Commission intervenes issuing instructions to Vaki preventing him from suspending them. Day #6 Friday 27th June - Parties appear in Court new development Private Lawyer Sam Bonner engaged by Acting Police Commissioner to represent them claims to need 21 days then in less than one day flies up Queens Council (QC) lawyer from Australia Manuel Varitimos to represent the Police on behalf of his firm. A QC is a highest title given to extremely experienced and qualified lawyers in Australia and the United Kingdom (best money can buy). When the Judge called for lawyers to argue their case only the QC gives his argument almost 1.5 hrs. He supports the PMs case for the Court to grant (give) an interim stay order against his arrest. The QC relies on overseas cases from both New Zealand and Australia where the courts in those jurisdictions granted a stay order against arrest warrants. Following his submission (arguments) all the other lawyers support his argument. ........ to be continued (sorry time to go home haus-lain singaut) PM- Tiffany Twivey - Mal Varitimos By Bryan Kramer By Bryan Kramer
Posted on: Sat, 28 Jun 2014 03:03:27 +0000
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