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Court renders Powi powerless
THE National Court has barred Southern Highlands provincial
administrator William Powi from touching the finances of the provincial
government.
In a ruling handed down on Wednesday in Mt Hagen that appears to be on a
collision course with the Supreme Court ruling on Tuesday, Justice
Ambeng Kandakasi issued specific orders banning Mr Powi from authorising
the expenditure of provincial government funds in any manner. The judge
also ordered that Mr Powi is not to make any stop payments on cheques
already issued by former administrator Alphonse Hayabe, in accordance
with the provincial budget.
Mr Powi and his agents are also barred from dealing with Bank South
Pacific, the Department of Finance, Treasury, National Planning and
Petroleum, institutions which handle SHP funds.
Justice Kandakasi also ordered police and defence force personnel not to
interfere or threaten anyone appointed by the provincial government to
approve requisitions.
This decision virtually renders Mr Powi powerless to do anything in the
province.
The decision contrasts with the Supreme Court ruling by Deputy Chief
Justice Sir Salamo Injia, who ruled last Tuesday that Mr Powi remain
administrator of the province until all cases connected with this
appointment are resolved in court.
In recognising Mr Powi, Sir Salamo suggested that “to avoid a repeat of
confusion from duplication of proceedings before different judges at
different venues”, all pending proceedings be transferred to Waigani to
be dealt by a single judge.
But lawyers representing Governor Hami Yawari and Mr Hayabe went ahead
on Wednesday, a day after Sir Salamo handed down his decision, and
obtained the ex parte orders removing the financial powers from Mr Powi.
Governor Yawari yesterday welcomed the ruling.
He also added that the provincial executive council also met on
Wednesday and decided to suspend Mr Powi on serious allegations of
financial mismanagement.
He said documents compiled by the PEC highlighting the allegations
against Mr Powi had been sent to the Public Service Minister and the
Public Services Commission.
He said the PEC has yet again appointed Mr Hayabe as acting
administrator.
 
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