Ex-judge says Pruaitch must be suspended

National, Normal
Source:

The National – Monday, July 11, 2011

By SAMUEL RAITANO
MINISTER for Finance Patrick Pruaitch is supposed to be suspended under provisions of the Organic Law, says former judge Nemo Yalo.
He said when a leader had been referred to the leadership tribunal he or she was to be suspended in accordance with sections 27 and 28 of the Organic Law on duties and responsibilities of leadership, until a tribunal reached a decision on the case.
Yalo said the country needed to enforce existing laws.
He also questioned the swearing-in of Sam Abal as acting prime minister.
The Supreme Court had on June 20 allowed Yalo to prosecute certain matters in the high court.
Yalo, a former Wabag resident judge, had challenged a string of appointments as null and void, and unconstitutional.
It followed the appointment of Paul Tiensten as acting governor-general in December last year, who then swore-in Abal.
Parliamentary lawyers had opposed Yalo appearing in person, claiming that it would attract public suspicion on the judiciary from the public and the executive arm of the government. They claimed it also would bring disrepute to the legal profession.
However, judge Bernard Sakora agreed with Yalo’s argument.
Yalo will appear in a full Supreme Court bench to argue the case.
Yalo said his appearance in person would only boost public respect and confidence in the legal profession.
“It will also show that a former judge is standing up to take action for the good of the country and its citizens,” he said.
The unconstitutional activities alleged include the swearing-in of Sir Arnold Amet as the attorney-general and Justice Minister by former governor-general Sir Paulias Matane while being on holiday.
A recent case law allowing a former judge to appear in court and prosecute his own case, was the Supreme Court case of former chief justice Sir Arnold, who was granted leave to appeal an election petition himself, following the 2007 general election.