Court dismisses Govt’s objection

 THE Supreme Court has dismissed the Government’s objection to competency against an application by Opposition leader Belden Namah to challenge the constitutionality of the Manus Processing Centre. 

Chief Justice Sir Salamo Injia, sitting as a one-man Supreme Court bench, dismissed the application by State lawyer Peter Kuman, saying it had no merit. 

Namah’s lawyer Loani Henao is yet to move the application to challenge the constitutionality of the Manus centre for asylum seekers in the Supreme Court.

The matter has been adjourned to a date to be confirmed. 

Henao had moved on Sept 10 to amend the application so that the new memorandum of understanding signed on Aug 5 by the Australian and Papua New Guinean governments was brought into the case.

Justice Stephen Kassman sitting as a single bench judge on Sept 11 granted Henao leave to amend the application. 

But Kuman argued that the amended application filed on Sept 26 was different from the draft amendment.

Kuman said the amended leave application by Namah did not comply with Supreme Court rules. Henao said the amended application would make it easier for the court as it incorporated the amendments with the original application as one document. 

Kuman is representing the Foreign Affairs and Immigration Minister Rimbink Pato, Prime Minister Peter O’Neill as the National Executive Council chairman and Justice Minister Kerenga Kua.