By DEMAS TIEN
JUSTICE Sir Bernard Sakora has filed an appeal in the Supreme Court challenging a lower court decision which granted leave to two police officers to review the
dismissal of a criminal charge against him.
His lawyer Loani Henao filed the appeal on Monday, plus an application to stay the National Court decision handed down on July 1 by Justice Leka Nablu.
Justice Nablu had granted leave to Inspector Joel Simatab and Chief Superintendent Mathew Damaru to review a decision by Magistrate John Kaumi at the Waigani Committal Court last year to dismiss a charge of judicial corruption against Sir Bernard.
The appeal was based on six grounds which included errors of law and fact on the part of Justice Nablu.
Simatab and Damaru began the judicial review proceeding on June 30 last year to challenge the decision of Magistrate Kaumi to dismiss the charge against Sir Bernard.
Sir Bernard was charged with judicial corruption on June 7 last year.
Kaumi dismissed the charge against 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 the decision.
Justice Nablu ruled that Simatab and Damaru had an arguable case and granted them leave to challenge Kaumi’s ruling.
By DEMAS TIEN