Court dismisses application by Pruaitch, ombudsman

A COURT has rejected an application by Opposition Leader Patrick Pruaitch and the Ombudsman Commission to intervene in a special reference.
Justice Derek Hartshorn, sitting as a single Supreme Court judge yesterday in Waigani, said the two parties did not have sufficient interest to become parties in a case questioning the legality of a vote of no-confidence against the prime minister.
The special reference was filed by Minister for Justice and Attorney-General Davis Steven asking the court to test the legality of a vote of no-confidence against the prime minister.
Pruaitch had submitted that he had substantial interest because he was the opposition leader and as such the alternative prime minister, the special reference concerned a vote of no-confidence which the opposition leader had direct interest in.
Steven, however, argued that Pruaitch did not have any real interest in the matter raised in the special reference because “every member of parliament was theoretically an alternative prime minister”.
The Ombudsman Commission submitted that its application to intervene should be granted because it was established to ensure government bodies fulfil their functions and uphold the constitution in the performance of their duties.
The commission also submitted that it ensures compliance and aims to safeguard the supremacy of the constitution and that these special references seek to invoke the supremacy of the courts powers of interpretation and application.
However, Hartshorn dismissed the case, saying the two parties did not have sufficient interest to become parties in a case questioning the legality of a vote of no-confidence.