Decision reversed to open court

By KARO JESSE
THE Waigani Supreme Court has ordered that declaration on Opposition Leader Belden Namah’s standing in a reference questioning Prime Minister James Marape’s election be heard in an open court forum and not decided on papers under the new practice direction.
Justice David Cannings yesterday set aside the order made by Justice Collin Makail on Sept 25 after the respondents opposed the order questioning its legality.
Justice Makail made the order under the new practice direction authorised by the court registrar.
The new direction allows the court to decide on a matter on papers and not in an open court forum or court room where lawyers argue.
Namah’s lawyer Greg Sheppard opted that the declaration on Namah’s standing be processed in papers but the respondents, led by Marape’s lawyer McRonald Nale, raised an issue of legality of the new practice direction.
All interveners in the proceeding, including Justice Minister and Attorney-General Davis Steven, Speaker of Parliament Job Pomat and Pangu Pati submitted that the new practice direction infringed the provision of natural justice.
Justice Cannings also informed Namah’s lawyer that the case was not in its decision process yet.
“It is better to set aside the direction by Makail to proceed the matter with paper declaration,” he said.
He adjourned the matter to Oct 26 for hearing and will return on Oct 23 for a status conference.
The Supreme Court reference questioning Marape’s election was filed by Namah on the grounds which he alleged had procedural flaws in the election.
Namah claimed that there was a breach of law when the Speaker allowed former prime minister and Ialibu-Pangia MP Peter O’Neill to withdraw his nomination for the seat of prime minister after the close of nomination.