Sir Gibbs: Let Porgera case flow

The National Business

By GEORGINA KOREI
CHIEF Justice Sir Gibbs Salika says there are no issues with the reopening of Porgera Mine as the two disputing parties have resolved their matter.
Sir Gibbs said this while presiding on a three-man bench comprising Judge Paul Tusais and Judge Nicholas Miviri in the Waigani Supreme Court on a special reference made by the Attorney General.
Sir Gibbs said there should be no more delay in the proceedings as the case was set for hearing today (July 29) after being adjourned several times.
“If the Independent State of Papua New Guinea has agreed for the mine to be reopened then why the proceedings?” Sir Gibbs said.
He said the agreement was from the head of government and there did not need to be any waiting for the mine’s reopening.
“Section 19 reference is for the court to give order for the future, it should not affect the agreement between Barrick Niugini Ltd (BNL) and the State,” Sir Gibbs said.
Lawyer Laias Paul Kandi representing the Attorney General said the special reference arose from the two Supreme Court decisions and it was one of the 23 cases that were filed by BNL, however he asked the court for an adjournment.
“By the end of this year, the parties should reach an agreement and the mine should be reopened,” he said.
He said that a reason for an adjournment would be that the counsel representing BNL was not in the country.
Lawyer Austin Edo standing in for lawyer Mal Varitimos (Queen’s Counsel) to represent BNL said he was unable to provide to the court the status of the case as he had not been advised.
“There were no instructions given to me on the status of the matter so I ask the court for an adjournment to September so I can prepare and come back,” he said.
Sir Gibbs in response told Eda that “lawyers should not dictate to the court your availability, the court determines the dates”.
“The lawyers working on this case should be ready for anything and everything unless their minds are taken away by the elections,” he said.
“I’m informed that the case was ready for hearing on July 2021, and it is taking too long,” he said.
“The submissions should be ready by now since it was a case for 2021 and I do not think that there should be a change in the submissions as not many new things have happened.
“There are so many constitutional questions that need to be answered or interpreted by the court and we should not delay.”
The special reference arises as a result of the following:

  • ON Oct 1, 2020, the Supreme Court in proceedings SOM 12 of 2020 granted leave for the appellant (BNL) to amend its orders 16 statement and also to include a further ground of judicial review to the effect that the head of state had acted beyond its powers; and,
  • ON Oct 6, 2020, the Supreme Court Comprises in proceedings SOM 13 of 2020 granted partial discovery of certain documents sought to be produced by the appellant (BNL) with documents including submissions to the NEC and advice provided to the governor-general by NEC.
    The case was adjourned to Sept 28.