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Plot thickens in SHP
CONFUSION was created yesterday when rivals
competing for the Southern Highlands province’s administrator’s post
produced two different court decisions purportedly backing their claim
to the office and cheque books for the oil rich province.
Governor Hami Yawari’s faction, which is backing Alphonse Hayabe, faxed
a court order from their lawyers in Mt Hagen, allegedly saying that
Justice Ambeng Kandakasi heard an application in Mt Hagen yesterday and
granted orders staying the NEC decision of April 5, which appointed
William Powi as administrator for four years.
The order faxed to this newspaper alleged that Justice Kandakasi also
restrained Powi, Deputy Prime Minister Don Polye and the NEC exercising
any powers or functions over the provincial administrator.
The order appears to carry the seal of the National Court, and bears the
signature of the assistant registrar of the court.
Justice Kandakasi’s name appears at the bottom of page 5 of the orders.
In Port Moresby, Mr Powi produced an order allegedly signed by registrar
Ian Augerea, which says that Mr Yawari and Mr Hayabe are restrained from
interfering with him or the office, and are restrained from exercising
the powers of the administrator.
Mr Powi claimed last night that his order was genuine, and was issued
around 2:30pm by Justice Gibbs Salika.
He said he had faxed this order to police and public servants in Mendi,
and they were looking up to him as the duly appointed one.
He said he had not received a copy of the order issued in Hagen, and
added that as far as he was concerned, there was none.
A lawyer contacted yesterday to clarify the legal
fiasco and confusion created, said the issue was becoming a farce and
laughing stock of a grand scale.
“This is a circus. They are wasting people’s money, and wasting valuable
time for court officials, including judges, who would be fed up with
this case by now,” the lawyer said, speaking on condition of anonymity.
This ordeal started on Wednesday when Justice Kandakasi handed down a
decision on Wednesday upholding the appointment of Mr Hayabe, and ruling
that Powi’s appointment had been revoked.
Within hours of this ruling, the NEC convened a meeting and purportedly
appointed Mr Powi administrator for four year, in apparent defiance of
the court order.
This triggered the factions into action, taking two conflicting orders
in the National Court before two different judges.
 
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