Reference of allegations presented to Namah

By DAPHNE WANI
Public Prosecutor Pondros Kaluwin presented a reference consisting of allegations of misconduct in office against Vanimo Green MP Belden Namah at the start his Leadership Tribunal yesterday.
The reference consisting of 10 allegations against Namah was presented before  the tribunal chaired by Justice Terrence Higgins and including, principal magistrate Patricia Tivese and senior magistrate Alex Kalandi.
Kaluwin told court that the reference of allegations were categorised into five divisions and the first misconduct in office referred to interference with the administrative process – suspension of the district administrator Conrad Tilau on Aug 27, 2007.
The second involved the improper conduct and abuse of power when the leader on May 24, 2012 stormed the Supreme and the National Court building when court was in session and demanded the immediate resignation and arrest of the chief justice.
The third misconduct in office included a late submission of annual statement for the period Aug 6, 2007 to Aug 5, 2011.
The reference was presented after the tribunal refused an application by Namah seeking the court’s interpretation on questions relating to the jurisdiction of the tribunal.
Namah’s lawyer Greg Shepherd, from Young and Williams, submitted that there were jurisdictional errors relating to the appointment of the tribunal.
He said the previous tribunal appointed by the chief justice on Nov 24, 2015 still existed and there was no revocation instrument to cease it.  Justice Higgins ruled that the National Court decision by Justice David Cannings did not restrain the appointment of another differently-constituted tribunal and it was not a bar to the public prosecutor making another request to appoint a tribunal.
The tribunal proceeded yesterday with Kaluwin mentioning the State’s first witness from the Ombudsman Commission.
The tribunal was adjourned to Friday.