Case seeking recall of Parliament to continue

National
Source:
The National, Thursday July 7th, 2016

A CASE filed by Opposition Leader Don Polye seeking to recall Parliament by July 27 will continue today for parties to make submissions.
A panel comprising Chief Justice Sir Salamo Injia, Deputy Chief Justice Sir Gibbs Salika and Justice Colin Makail allowed for a one-day adjournment to read through the evidence filed in court.
Sir Salamo said the adjournment was necessary to allow the court to also look at the refined facts.
He said the adjournment would allow time for the lawyers to read affidavits and prepare submissions.
Sir Salamo told parties that he was hopeful that submissions would be completed today.
The matter proceeded to the substantive hearing after the court had found that Polye had standing to bring his case before the Supreme Court.
Polye’s lawyer Cook Marshall QC and lawyer John Griffin QC, who represents the interveners, advised the court on the facts they relied on in the case.
Griffin represents the interveners, Parliament Speaker Theo Zurenouc, Deputy Speaker Aide Ganasi, Acting clerk Kala Aufa and Attorney-General Ano Pala.
Sir Salamo, with the assistance of counsels, identified the disputed facts that needed to be resolved by the court.
Griffin said the onus of proof of evidence was on Polye.
Sir Salamo asked the lawyers if they were prepared to make submissions since the facts were identified by the court.
Griffin asked that the matter be adjourned for a day to prepare arguments. Cooke opposed an adjournment because he was ready to proceed.
The court, after considering submissions, decided to have the matter reconvene today because the facts were refined and needed time to be looked at. Polye is seeking a recall of Parliament before July 27.