Ellis: I won’t be part of chief justice tribunal

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The National, Thursday 09th Febuary 2012

By FRANK SENGE KOLMA
RETIRED judge Graham Ellis will not be able to chair or participate in the just appointed tribunal to investigate misconduct allegations against the Chief Justice.
While communicating his intent to participate in any task if he were asked to do so, he set a very important precondition: “I will not act contrary to any order of any court”.
In a letter to The National, Ellis said: “Prior to my retirement in January last year, I made it known to the chief justice, a representative of the then prime minister and a representative of the then leader of the opposition that, while I wanted to spend more time in Australia with my wife and our son, I was willing to assist the people of PNG should I be requested to do so and that any task I was requested to undertake would be done as quickly as possible, as cheaply as possible and to the best of my ability.
“As a retired judge, I receive requests to take on various tasks from time to time.  Some of those proceed.  Some don’t.  
“I recently received some such requests from PNG. I understand it has been suggested in your newspapers to me that I have been appointed to chair a tribunal which has been given the task of investigating allegations against the chief justice.  
“I have not received any document that would indicate that.
“In order to avoid any misunderstanding, I wish to make my position clear.  
“I am willing to serve the people of PNG by undertaking any task, anywhere and anytime. However, at the risk of stating the obvious, as a former judge, I will not act contrary to any order of any court.”
Two such orders exist at the present time preventing members of the National Executive Council or its agents and servants from taking any action against the Chief Justice, Sir Salamo Injia, until contempt of court proceedings against members of the NEC, which were issued in November and again last Thursday, have been dealt with.
Ellis was named by Prime Minister Peter O’Neill last Thursday as chairman of a three-man tribunal, which included retired justices Paul Akuram and Sir Kubulan Los.
O’Neill announced that the NEC had agreed to suspend Sir Salamo for alleged misconduct but the same day, a three-man Supreme Court, which included the chief justice, refused service of the suspension orders and stayed its effects pending compilation of contempt of court proceedings against the prime minister, members of his cabinet and their two lawyers.