Police and Army dismantle Chief Justice’s Kangaroo Court.
Today at 2pm the Police and Army entered the Supreme Court to arrest the Chief Justice on charges under the Criminal Code including breaches of Sections 54, 56 and 57 of the Code, being Sedition, Interference with Government Ministers and Interference with the Legislature.
Complaints were made to Police early this week concerning the Chief Justice, due to the statements made by the Deputy Chief Justice Gibbs Salika and Justice Sakora concerning the lack of judicial integrity of the Chief Justice and his compromise of the Court Bench. The two Judges refused to deliver a decision in the Special Reference concerning the questions of legitimacy of government on the basis that:-
a) Members of the Supreme Court Bench were effected by judicial bias and
b) Members of the Supreme Court Bench brought the integrity of the Supreme Court into question, and
c) The Supreme Court Bench was compromised and that a proper decision in accordance with law and untainted by bias was not possible.
The Chief Justice, Justice Kirriwom and Justice Gavara Nanu delivered their decisions despite the statements by the two most senior Judges on the Supreme Court.
Many persons in the media including prominent constitutional lawyer Loani Henao promptly called on the three remaining Judges to resign, given their clear lack of independence and integrity on the case. The Deputy Prime Minister in a press statement advised the three Judges that they had 24 hours to resign or to face arrest for sedition.
The Chief Justice reacted to this by issuing a Warrant of Arrest for the Deputy Prime Minister to be arrested and brought to the Supreme Court at 1.30pm today to be dealt with for contempt.
Police determined to act on the complaints against the Chief Justice and arrest him today and attended at the Supreme Court at 1.30pm along with the Deputy Prime Minister. On entering the Court room to arrest the Chief Justice, when the Chief Justice heard he was about to be arrested and he fled from the Court room and locked himself in his Chambers. The Director of Police Prosecutions and Assistant Commissioner Thomas Eluh negotiated with the Chief Justice to leave the Chambers.
The Deputy Prime Minister has said “Enough is Enough. The Chief Justice has ignored the proper exercise by the National Executive Council and the Governor General of their Constitutional powers for his suspension, and avoided the suspension by issuing a permanent Order to stay his own suspension. He even presided over his own case. Now, after the Supreme Court has held that all decisions to date of Prime Minister O’Neill and his Cabinet are valid and cannot be subject to challenge. Instead of accepting his suspension and submitting to due process, he remained on the Supreme Court bench after his brother Judges exposed his lack of integrity and judicial bias, preferring to issue orders for contempt against me for exercising not only my right of freedom of speech, but also the proper exercise of my representative functions as Deputy Prime Minister, Minister for Defence, Minster for Forest and Climate Change and Member for Vanimo/ Green.”
“The Chief Justice is a threat to National Security. He is not an elected leader. He has on many occasions given permanent stay orders to prevent police exercising their constitutional functions. His decisions encroach into Parliament’s powers – He has usurped the powers of the Legislature, Executive and the Governor General. His judgments have been vindictive and has not been behaving like a Chief Justice but rather a tyrant, drunk with power . He has brought into disrepute and seriously compromised the integrity of the judiciary. The Chief Justice has caused confusion amongst the population with the decision he made declaring Somare as Prime Minister when the country is concentrating on elections knowing very well that he as Chief Justice has no powers to elect or appoint a Prime Minister, which is the sole prerogative of the Parliament. He knows that References under S19 of the Constitution are for advisory opinions yet he has used the opportunity to make declaratory orders over Parliament which he has no constitutional powers to do.””
I want to state here that Papua New Guinea is bigger than any one individual – that includes the Prime Minister, the Deputy Prime Minister, the Speaker, or the Chief Justice.
I want to assure the people of this nation, the international community, investors, and visitors that the O’Neill/Namah Government will ensure peace and good order continue to prevail following the actions taken today by the Police.
Enough is Enough’’.
AUTHORISED BY DEPUTY PRIME MINISTER HON. BELDEN NAMAH
END OF PRESS RELEASE
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