So much so that O’Neill’s lawyers last night were rushing to amend a slip rule application made earlier challenging the decision to include the effects of order No.8 (as amended yesterday) as part of the reasons.
The order reads in part: “... subject to the Constitution, the bona fide decisions and actions made and implemented by the de facto government of Peter O’Neill as prime minister and any of those of ministers appointed by him, between 2 August, 2011, and 20 May, 2012, are not open to challenge.”
Monday’s original order read that those decisions and actions of the O’Neill government were “invalid and of no effect”.A senior government lawyer said last night: “This order effectively means that O’Neill has been singled out and can be seen as vindictive and political. He is forced out as prime minister but his entire cabinet remains. That is because the prime minister appoints ministers and determines their duties and responsibilities. And so, from the deputy prime minister (Belden Namah) down, all the ministers’ positions cannot be challenged as per the court order.
“This further means that Sir Michael will now be forced to head a cabinet of O’Neill-appointed ministers because he cannot challenge their appointments. This includes his (O’Neill’s) choice of the chief secretary, police commissioner, defence force commander and every other departmental head.
“We are in a formal state of confusion. How can the court force two warring parties together like that?
“This order further vindicates the actions of the security forces and the governor-general in refusing to allow the swearing-in of Somare’s caretaker cabinet.”
A copy of the amended declaration and orders, dated May 23 and carrying the Supreme Court seal and signed by Chief Justice Salamo Injia and justices Nicholas Kirriwom and Les Gavara-Nanu, was obtained by The National last night.
The amended orders excluded entirely the earlier order (No.6) stipulating that Governor-General Sir Michael Ogio’s actions in recognising Sir Michael as prime minister in December was constitutionally valid and effective and ruled invalid all his subsequent retractions.
Government lawyers were last night rushing to amend a slip rule application made earlier challenging the rulings given by the Supreme Court on Monday which invalidated the O’Neill-Namah government and reinstate Sir Michael Somare as prime minister and as regional member for East Sepik.
O’Neill’s slip rule application sought to set aside the court’s ruling on grounds that two members of the Supreme Court bench (Deputy Chief Justice Gibbs Salika and Justice Bernard Sakora) reserved judgment for reasons that:
* The members of the bench were affected by judicial bias;
* The bench had brought the integrity of the Supreme Court into question; and
* The bench was compromised and a proper decision in accordance with law and untainted by bias was not possible.
Sir Michael and his team had flown to Wewak for his nomination and could not be contacted to comment.
Before departing, he said he would continue to have the governor-general swear in his caretaker cabinet.
Source:
The National, Thursday 24th May, 2012
No comments:
Post a Comment