Friday, October 28, 2011

Sir Michael failed to comply with orders

Source: Post Courier, Thursday October 27, 2011By JOSHUA ARLO
Grand Chief Sir Michael Somare failed to fully comply with orders of the five-man Supreme Court to provide medical records while hospitalised at Raffles Hospital in Singapore.
This is according to senior judge Justice Bernard Sakora who stated yesterday in court that since the issue of Sir Michael being of unsound mind “is still live”, the records would go to demonstrate whether this issue can be proved.
Justice Sakora was also concerned that in light of this fact, in his view, Sir Michael should be accorded another opportunity to have these records produced. He said the first time this order for production was made, the East Sepik Provincial Government (referrer) was directed to obtain them.
However, since such records are of personal nature, the hospital did not release them, Justice Sakroa said.
He pointed out that when Sir Michael joined the special reference by the referrer, he was ordered to have them produced, so as to establish the issue of unsound mind at the evidentiary hearing conducted by single Supreme Court trial judge, Justice David Cannings.
“If the courts cannot properly impose its own orders, then all is lost. We (the court) should not make orders in the first place,” Justice Sakora said.
He said orders of the court, whether irregular, should be complied with otherwise it would be contemptuous if there is failure, unless these orders are properly set aside.
Justice Sakora said the records were tied in with the issue of unsoundness of mind because they relate to the initial questions posed by the referrer as to whether there was a vacancy in the Prime Minister’s office as at August 2, and the reason for that vacancy. He said the mental capability to conduct or perform affairs of the state as Prime Minister are depended on these records as they will shed light to the real meaning of being ‘unsound’

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