Parliament refers judges

By GORETHY KENNETH



PARLIAMENT yesterday referred Papua New Guinea’s Chief Justice Sir Salamo Injia and Justice Nicholas Kirriwom to the Head of State. 
This means that the Head of State – Governor General Sir Michael Ogio- is now required to set up a tribunal to investigate alleged judicial misconduct - an unprecedented development in the country’s short history. 


The country’s head of the Judiciary Sir Salamo and Judge Kirriwom are now the first “victims” of the O’Neill Namah Government’s controversial Judicial Conduct Act 2012 coming into full effect after its certification this week. 
This is despite Prime Minister Peter O’Neill assuring all Papua New Guineans in a nationwide televised address recently and numerous press releases that his government would delay implementing the law for nine months in order to carry out public awareness. 


Leader of Government Business Moses Maladina knew exactly what to do to have this motion read out in a Statement in Parliament. This was done while the Courts were still in session over the matter of the CJ’s disqualification and the Supreme Court Reference on the legality of the Government at present. 


“It is therefore my important but difficult task to move a motion pursuant to section 5 of the Judicial Conduct Act 2012 for parliament to refer his honor the Chief Justice Sir Salamo Injia to a tribunal of his peers for an inquiry as to whether the terms of the Judicial Conduct Act 2012 have been breached,” Mr Maladina read out.


“I also move a motion pursuant to section 5 of the Judicial Conduct Act 2012 for parliament to refer His Honor Judge Kirriwom to a tribunal of his peers for an inquiry as to whether the terms of the Judicial Conduct 2012 have been breached,” he said.
Maladina gave his statement on the referral also citing specific and alleged controversial issues surrounding and accusing the Judiciary and the CJ including the Judges in question.


“The Judiciary has in recent years been accused of misconduct in various areas such as breaching the doctrine of separation of powers when issuing orders compelling the Legislature to act in a certain way or when a Judge refuses to disqualify himself on the grounds of bias when there is a clear instance of apprehended or even actual bias,” Maladina said . . .

these are part of the policy reasons behind the Judicial Conduct Act.”


But the Post-Courier understands that under the PNG laws the public prosecutor is empowered to refer PNG politicians and top bureaucrats under the country’s Leadership Code if it finds that the State has a prima facie case.


The direct involvement of the Governor General – via a motion of parliament as stipulated under this controversial law – now enables this symbolic office to play a direct role in the nation’s affairs.


PNG Opposition Leader, Dame Carol Kidu, condemned the referral this morning and warned that PNG faces an uncertain future with parliament now having the ultimate authority over the judiciary, an institution which many Papua New Guineans regard as the country’s last bastion of hope.
 Michael Somare is seeking legal advice on the implications of these developments in parliament.
 The motion and its referral had already sparked criticism from within the Judiciary and the public at large.