Court issues interim orders to prevent Koim’s suspension
The National, Friday July 11th, 2014
By CHARLES MOI
THE Waigani National Court has issued interim orders preventing the State from suspending Sam Koim from the Solicitor-General’s office until the matter returns to court next Wednesday.
Justice Les Gavara-Nanu issued the interim orders yesterday after Koim’s stay application was adjourned to give time for lawyers to prepare submissions.
The interim orders that stayed the National Executive Council’s decision to disband Investigation Task Force Sweep were extended to next Wednesday.
Lawyer Mal Varitamos, representing Prime Minister Peter O’Neill, and lawyer Tiffany Twivey for the NEC, sought an adjournment as they were short-served with court documents.
They said they needed time to prepare and make submissions on the stay application.
Koim’s lawyer, McDonald Nale agreed to an adjournment but asked for interim orders restraining the State from suspending Koim from the Solicitor-General’s office.
Varitamos disagreed, saying Nale did not file a formal application seeking to restrain the State from suspending Koim. Twivey agreed with Varitamos.
Justice Gavara-Nanu ruled that the State and its agents be restrained from suspending Koim from the Solicitor-General’s office or as a public servant in the interest of justice.
Gavara-Nanu said he considered he had the jurisdiction and the inherent powers to restrain the State from suspending Koim until the matter returned to court next Wednesday.
He noted that there was no evidence before the court of Koim being already suspended but said the restraining orders against the State were necessary to maintain the status quo.
The judicial review of Koim challenging the disbanding of ITFS on June 18 is yet to be determined in court.