Court quashes jail term for hospital exec

 THE Supreme Court has quashed a decision to jail suspended Modilon General Hospital chief executive officer Christine Gawi for six weeks for contempt of court. 

Justice Derek Hartshorn, Justice Colin Makail and Justice Hitelai Polume Kiele, in an unanimous decision, upheld Gawi’s appeal in Waigani yesterday after they found that the National Court judge had erred in law.  Makail, who gave the decision, said the court was satisfied that the trial judge, in jailing Gawi, did not take into consideration a mitigating factor that she had relied on legal advice. 

The court said it was satisfied that the trial judge erred when he held that the contempt was aggravated by the fact that Gawi was a holder of a senior position in a public institution, is intelligent and experienced and should have complied with the court order.  The judges found that Gawi had relied on faulty legal advice from her previous lawyer and that her actions fell under the category of wilful contempt, usually punishable by a fine. 

Gawi was ordered by the Court to pay a K5000 fine instead. 

Gawi filed her appeal on a decision made by the national court on Aug 17 to jail her for contempt when she failed to obey a court order to reinstate midwifery nurse Elizabeth Mandus Wukawa. 

Lawyer Jason Brooks, representing Gawi, told the Supreme Court during submissions last December that Gawi did not deliberately disobey the court order to reinstate Wukawa by Feb 5, 2014.