Betel nut case deferred

By DEMAS TIEN
A SPECIAL reference filed by a local level government in Central province challenging the National Capital District Betelnut Control Law has been adjourned generally to the registry.
The reference was mentioned yesterday before a five-man Supreme Court bench comprising Chief Justice Sir Salamo Injia, Justice Ambeng Kandakasi, Justice Ellenas Batari, Justice Allan David and Justice Joseph Yagi.
It was filed by the Mekeo-Kuni LLG on July 31, last year.
The court adjourned it to give time to the parties to settle on disputed facts before Justice David next Thursday and Friday.
The court directed parties to file and serve relevant notices under the Evidence Act and any further affidavits within five days from yesterday. Thirty four affidavits were filed by parties – Mekeo-Kuni LLG as the referrer, National Capital District Commission (NCDC) as first intervener and Speaker of Parliament Theo Zurenouc as second intervener.
Lawyer Noel Ako, from Jema Lawyers, raised the issue of disputed facts as a preliminary issue before the court yesterday.
Ako, representing the Mekeo-Kuni LLG, told the court that there were a number of facts that were disputed which needed to be settled.
Sir Salamo and other members of the bench commissioned Justice David to sit as a trial judge to settle the disputed facts.
The results will be brought back to the full court and it will proceed with the hearing of the reference.
NCDC held a meeting on Oct 22, 2013 where it exercised its powers and made a subordinate enactment called the National Capital District Betelnut Control Law 2013.
It started operation on Oct 28, 2013.