Application dismissed

THE National Court has dismissed an application by Commerce and Industry secretary Andrew Liliura who was seeking a judicial review of his suspension from office.
Liliura was suspended from office on May 30, after allegations of misconduct and sexual harassment were laid against him.
On June 18, Liliura applied to seek leave for a judicial review of his suspension on grounds of irrelevant consideration, breach of process and procedures and breach of natural justice, saying the Public Service Commission did not conduct any investigation on the allegations before suspending him.
Justice Les Gavara-Nanu made a ruling on Friday and refused his application as there were sufficient evidence in the form of testimonial statements from three female employees of his department which formed a prima facie case on sexual harassment.
Gavara-Nanu said PSC made the decision based on evidence and relevant consideration which complied with the process under Section 31D of the Public Service Management Act 1995.
“The allegations made against the plaintiff (Liliura) are numerous, criminal in nature and serious.
“The PSC’s decision was based on letters from the alleged victims.”
On May 1, PSC advised the Minister for Commerce and Industry Wera Mori to formalise the suspension of Liliura.
On May 6, PSC endorsed the appointment of Joseph Vutliu as acting secretary.
The minister advised the National Executive Council (NEC) which then, on May 23, advised Governor- General Sir Bob Dadae to suspend Liliura and appoint Vutliu.
Sir Bob suspended Liliura on May 30.
Gavara-Nanu said PSC’s decision on May 1 was “not final” because it was only a recommendation to Mori to formalise the suspension.
He said the suspension was only for three months to await the investigation into the allegations and Liliura’s application was premature.
“It must be remembered that PSC’s decision is not final.
“It is a recommendation.”