Polye: Courts will not overrule PM

Is there too much overlapping and duplication of processes in the operation of the State of PNG?  Does the latest court challenge of former Treasurer Don Polye highlight the excesses? Asks PNG Echo

Former Treasurer. Don Polye
Former Treasurer. Don Polye

Yesterday (April 8) in the National Courts at Waigani, Justice Kandakasi declined to make an order re-instating Mr Polye as Treasurer pending a review of the correctness of the grounds for his dismissal.

Justice Kandakasi reminded Mr Polye that he was a judge and not the Prime Minister where the prerogative lay.

In another submission, which also crossed over legal boundaries and jurisdictions, Mr Napu lawyer for Mr Polye, sought a restraining order on the K3 billion loan that was obtained to buy Oil Search shares pending proceedings to establish the legality of the loan.

While Oil Search lawyers called for an adjournment because of the lack of notice emanating from Mr Polye’s lawyer, lawyers for the state argued that, as the Ombudsman’s Commission (OC) was looking into the case, if a ruling had to be made then it should be that the persons named in that inquiry should be directed to comply with the order until it was lifted or until there were further directives of the courts.

Justice Kandakasi so ordered.

The case was adjourned until 6 May when the learned judge expected that the state would have filed affidavits establishing the loans legality

Lawyer Tiffany Twivey -Nonggorr, acting for the State, said information establishing the legality of the processes had already been collated for the OC and she expected that they would have the necessary affidavits filed by 30 April in readiness.

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