Defendant’s petition refused

 THE Supreme Court has refused an application by the National Fraud and Anti-Corruption heads Matthew Damaru and Timothy Gitua to have them removed as third defendants in the case regarding Prime Minister Peter O’Neill’s warrant of arrest.

Justice Sir Bernard Sakora made the ruling after their lawyer Greg Egan moved a motion.

O’Neill’s lawyer Mal Varitimos, QC, had applied for leave to appeal against the National Court decision to have Damaru and Gitua joined as third defendants in the matter.

Sir Bernard said the two applications were filed on Jan 18 and if there were intents to make the undertaking, it should have been done after that date.

He said the undertaking was a surprise as it was unusual and an attempt to move away from that matter that was properly put before the court.

He said it reminded him of practices by lawyers who told the court that they were acting on the instruction of their clients. “It is an example of what is happening in court today,” Sir Bernard said

“Counsels should turn the instructions into what is legally allowable.” He said the two applications were already made and needed the response from the other party. The court had to properly hear and decide on them under the law.

Egan said he had made the undertaking to allow the trial to proceed by having Damaru and Gitua removed as the defendants in the matter.