Court defers Sakora appeal

National

The Supreme Court has adjourned an appeal by Judge Sir Bernard Sakora challenging a national court decision which granted leave to two police officers to review the dismissal of a criminal charge against him.
Justice Sir Bernard, through his lawyer Loani Henao, filed the appeal on July 10  along with an application to stay the national court decision made on July 1 by Justice Leka Nablu which granted leave to Inspector Joel Simatab and Chief Superintendent Mathew Damaru to review a decision made by magistrate John Kaumi at the Waigani Committal Court last year that dismissed a charge of judicial corruption against him.
The appeal was listed yesterday before Judge Stephen Kassman, but Henao, with Simatab and Damaru, did not appear in court.
The court adjourned it to Aug 10.
Simatab and Damaru started  judicial review proceedings on June 30 last year to challenge a decision made by Kaumi in the lower court to dismiss a charge of judicial corruption against Justice Sir Bernard.
Justice Sir Bernard was charged with judicial corruption on June 7 last year by Simatab.
Kaumi dismissed the charge against Justice Sir Bernard on the basis that Simatab did not obtain a direction from the public prosecutor before arresting him, as required under section 119(5) of the Criminal Code Act.
Simatab and Damaru were aggrieved by Kaumi’s decision and asked the national court to review his decision.
The national court was satisfied that Simatab and Damaru had an arguable case and the court granted them leave to challenge Kaumi’s decision through a judicial review.
Justice Sir Bernard was aggrieved by the national court decision to grant leave to the two police officers and he appealed to the Supreme Court to challenge it.

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