Bid to introduce new references refused

By JACOB POK
AN attempt by lawyers representing Sir Michael Somare and the East Sepik provincial government to file two additional references was described by the Supreme Court
as an “assault on the integrity of the court”. 
Justice Bernard Sakora, one of the three members of the Supreme Court bench presiding over the
issue of the legitimacy of government, told Sir Michael’s lawyer Kerenga Kua that the intention to file their reference was done at the 11th hour and failed to follow proper procedures.
“Do not just walk in to court and say: Court stop! Hear us,” Sakora said.
Sakora told Kua not to make further submissions on the new references as they were not done properly.
The two other members of the bench, Deputy Chief Justice Gibbs Salika and Nicholas Kirriwom, agreed that the new references should have gone to the chief justice for his recommendation.
They said normal procedures for this to happen were not
followed.
Lawyer for Belden Namah, Manuel Varitimos, argued that the two new references were filed without prior notice to the court and to the other lawyers.
He said the court should not “bend backwards” and entertain new references as they could further delay the proceedings.
Kua told the court that the questions in the references were made pursuant to section 19 of the Constitution which could be merged with the questions in the original references.
He said his client should also be given a fair opportunity to raise questions for the court to consider.
Salika told Kua that if the questions were made pursuant to section 19 of the Constitution, then they could be raised during the cause of the hearing. Kua agreed.
The Supreme Court then issued directions for lawyers to prepare for the substantive hearing.
The court ordered that the references filed by Dr Allan Marat and parliament be heard concurrently.
The parties have to agree on the final questions for hearing and prepare final statements of agreed and disputed facts on or before next Monday.
The court also ordered that the statement of agreed and disputed facts and other relevant documents should be filed before March 12.
The court will resume on March 16 for status conference.
The substantive hearing of
the two references will start on
April 2.