Court to review OC-Sir Puka case

 THE Waigani National Court will review a direction made by the Ombudsman Commission which restrained Public Services Minister Sir Puka Temu and others from progressing with the construction of an office complex last year. 

The Ombudsman issued a direction on March 28, 2014, under section 27(4) of the Constitution against Sir Puka and others to refrain from progressing construction and suspend payments, if any, to ensure the construction was not progressed. 

Acting Justice Leka Nablu ruled yesterday that Sir Puka  had an arguable case for leave to be granted for judicial review. 

She said Sir Puka  had no other administrative remedies except judicial review.

The matter returns to court tomorrow. 

Sir Puka’s  lawyer, Ian Molloy QC, argued that the direction by Ombudsman was unreasonable and an abuse of power as it operated as a stay on the building project. 

Molloy told the court last week the National Executive Council had in January 2013 approved in principle a proposal where a private company would build an office building at its own expense. The government would then rent the building after it was completed. 

The government called for tenders for construction of the multi office complex but the office complex did not progress further after the Ombudsman issued its directions last year. 

Sir Puka  is seeking substantive orders to quash the direction as it was in excess of jurisdiction and null and void. Chief Ombudsman Rigo Lua is named as the first defendant in the proceedings.