Application for leave to review case rejected

By BEVERLY PETER
THE Supreme Court has upheld an earlier court decision that there is an arguable case in relation to the suspension of PNG Defence Force Chief Major-General Mark Goina and rejected former Defence Minister Win Bakri Daki’s application for leave to review it.
Justice David Cannings at Waigani in refusing Daki’s leave to review, ordered for the trial in relation to Goina’s suspension to proceed immediately as he is still suspended.
“It is a serious issue for a country with no standing defence commander,” Justice Cannings said.
He said he had noted that the trial on Goina’s judicial review proceeding in the National Court was ready to be conducted.
“Whether Goina is to be charged for any criminal offence or not and whether his suspension was lawful or unlawful will be determined in that trial,” he said.
Goina was suspended on Aug 17, last year following a fatal shooting of two soldiers. One other soldier and a civilian were wounded during the same training exercise in Kupiano, Central, on July 4.
Justice Cannings said he was not satisfied that there was an error made in the National Court decision of Oct 27, 2023 in which judge Bethuel Dingake granted leave to Goina for judicial review of the decision of his suspension.
He said Dingake had carefully considered what was before the court and noted that Goina had standing and met the requirements for leave and granted Goina leave for judicial review using his discretion.
He added that Goina’s application for judicial review in the National Court was not an abuse of process as contested by Daki.
“He (Goina) had clearly sought for leave and not the substantive relief,” he said.
Following this, Justice Cannings rejected leave for Daki to review Dingake’s decision on Oct 17, 2023 and the trial of the judicial review in the National Court to proceed forthwith.
He further ordered for Daki to pay the costs of the proceedings on party to party basis.