By PNG Echo
Waigani: 8 May 2014:
In an eagerly awaited decision, Deputy Chief Justice, Gibbs Salika dismissed the entire court challenge of former Treasurer, Don Polye, against the K3 billion loan obtained by the Government of Papua New Guinea to buy shares in Oil Search (PNG LNG) on behalf of Papua New Guinea.
The Deputy Chief Justice found the case to be an ‘abuse of process’ as argued by lawyer for the Prime Minister, Tiffany Twivey-Nonggorr.
All and any interlocutory orders pertaining to the case were also dismissed.
Justice Salika found that lawyers for the prosecution, using an ‘originating summons’ to file the proceedings instead of instigating a ‘Judicial Review’, (as the challenge was to a public law decision – that of the National Executive Council) abused legal processes.
The Judge further remarked that he was mindful that Polye was disputing his own decision (Polye was a member of the NEC at the time the decision was taken) – a further abuse of process.
Costs were awarded against Polye.