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State lawyer ordered
to stop engaging private legal firms
ACTING Solicitor-General Neville Devete has
been ordered to immediately stop the engagement of private law firms to
defend the State and its officers.
Caretaker Minister for Justice William Duma issued the order on Tuesday
in direct reference to all cases previously handled by Paraka Lawyers.
The law firm has sued the state for millions of kina in outstanding
payments for its providing legal services to the State.
This matter is still pending.
Mr Duma ordered Mr Devete to ensure the State solicitor’s office
immediately take charge of all matters previously handled by Paraka
Lawyers.
In the directive, Mr Duma said: “Since you have not provided me a brief
on all the Paraka-related matters promptly … I am now inclined to take a
number of decisions consistent with my powers under the Attorney-General
Act.
“I am now instructing you to attend to the following:
*Withdraw all instructions to the private
legal firms that have been engaged to defend the State and its officers
and agents in all Paraka-related matters, both in the National and
Supreme Courts;
*You are to file a notice of change of lawyers
and notice of appearance in all the Paraka-related matters (both in the
National and Supreme Courts), and act for the State, its officers and
agents in all those related matters;
*You are to file applications in the Supreme
Court and have all the appeals that have been instituted by the State in
all Paraka-related matters withdrawn forthwith; and,
*You are to engage in dialogue with Paraka
Lawyers and negotiate for possible settlement of the damages and loss of
business aspects of the firm’s claims that are pending in the National
Court.”
Mr Duma also ordered Mr Devete to ensure the first two points were
completed by close of business on the same day of the directive on Aug
21.
He also directed that the instructions on the Supreme Court applications
“be carried out by way of an application to the Supreme Court by motion
on the first available Supreme Court motions day”.
Meanwhile, a Government source told The National late yesterday that the
minister’s actions were an encroachment into management issues.
“He (the minister) should be well above this administrative role and
only deal with policy matters,” the source, who wished anonymity said.
He said that the current issues were critical as there was a previous
internal investigations instituted by former justice minister Bire
Kimisopa, which was headed by a prominent former lawyer, to look into
excessive legal fees demanded by private law firms from the State.
The source said this internal investigation report was completed last
year but was not made public within the office for actions to be taken.
It is understood to have revealed “blatant corruption” involving the
farming out of jobs to legal firms to defend the State and its lawyers;
and therefore, called on this report to be made available for the sake
of good governance and transparency.
 
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