Monday, November 14, 2011

Judiciary hits back

Source: Post Courier, November 14, 2011
By TODAGIA KELOLA
THE judiciary has hit back at the executive arm of the government by ordering the arrest of acting Prime Minister Belden Namah and Attorney-General Dr Allan Marat and temporarily staying the decision of NEC to suspend the Chief Justice.
The Supreme Court delivered an interim order immediately after the announcement by NEC to suspend the Chief Justice citing the actions of NEC as being in Contempt of Court on Thursday night.
The interim orders are:
nWhereas it was announced this evening, (Thursday 10 November) through the National EMTV and the Kundu Two television networks, by the Deputy Prime Minister and Acting Prime Minister Belden Namah and the Attorney-General Dr Allan Marat, that the Chief Justice Sir Salamo Injia has been suspended from office based on overwhelming allegations against him ranging from the police report that the “Chief Justice and the former Registrar of the National Court Ian Augerea are facing contempt charges in relation to entitlements under the estate of the late Justice Timothy Hinchliffe, misconduct and double dipping in relation to SRC entitlements on housing and security allowances, gross mismanagement of cases in the Supreme and National Court, and also conflict of interest in cases”. n And whereas a tribunal comprising former Justice Paul Akuram as Chairman and Justices Collin Makail and George Manuhu as members, having been appointed to investigate those allegations.
* And whereas the Chief Justice has not been duly informed of the allegations against him and has not been duly served with the notice of suspension;
* And whereas the Chief Justice has presided over the hearing of this Reference which concluded on Friday 28th October 2011, and the decision is pending on Friday 9th December 2011;
* And whereas the said decisions and actions of the National Executive Council amount to contempt of the Supreme Court. The Court Orders that until further Orders of this Court:-
1. Pending formal charges of contempt being laid by the Registrar of the Supreme Court against Belden Namah and Dr Allan Marat, that they both be arrested and detained by the police forthwith and produced to this Court on Monday 12th December 2011 at 9:30am;
2. The Registrar of the Supreme Court shall file and serve the charges on the two alleged contemnors Belden Namah and Dr Allan Marat within seven days, such charges to be made returnable on Monday 12th December 2011 at 9:30am; 3. The said decisions of the National Executive Council are stayed, and that the National Executive Council by its servants and agents whosoever including Mr Belden Namah and Dr Allan Marat, are restrained from implementing the said decisions; and
4.The Registrar shall file an affidavit of service and execution of these orders forthwith

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