Ex-judge plans to appeal review bid

National, Normal

The National – Wednesday, June 15, 2011

FORMER National and Supreme Court judge Mark Sevua is expected to appeal before the Supreme Court to overturn the orders of Justice Derek Hartshorn who earlier this year refused him leave to apply for a judicial review of the JLSC decision which did not renew his term as a judge for another five years.
The matter, scheduled for June 29, is expected to have Sevua’s counsel, Copland Raurela, seek:
* The orders of the National Court on Jan 7, 2011, in the proceedings OS (JR) No. 897 of 2010 in refusing the appellant (Sevua) leave to apply for judicial review be quashed; and that, 
* Pursuant to section 16 of the Supreme Court Act, the appellant, former judge Sevua, be granted leave in the National Court proceedings OS (JR) No. 897 of 2010 to apply judicially (at the National Court) for review of the decision of the JLSC made on Sept 28 last year.
The JLSC’s decision had effectively discon­tinued Sevua’s services
as a judge of the National and Supreme Courts, which he had served for almost 19 years.
Sevua’s notice of appeal seeks to overturn Justice Hartshorn’s decision, and would in essence, be arguing that the trial judge had erred in law and in fact in conclu­ding that the JLSC was not required to give reasons for its decision.
He said in doing so, it had raised a presumption that the decision was biased, arbitrary and/or capricious; hence, denying him natural justice as required by the PNG Constitution – the right to be properly heard.