High court to set time for Aug 2 case

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The National, Tuesday 28th Febuary 2012

By JACOB POK
THE Supreme Court is to set a timeframe on how proceedings will run during the hearing of the case to determine whose government is legitimate.
The court is mindful of the national general election and wants to resolve the issue before April 27 when the writ of election will be issued.
The court will hear two special references filed by Dr Allan Marat and parliament.
They contain constitutional questions relating to the actions of parliament since Aug 2 last year which sparked off the political confusion over who is prime minister.
The Supreme Court had ruled on Dec 12 that Sir Michael Somare should remain Prime Minister.
But Peter O’Neill with the support of parliament said he was entitled to the position and should govern the country.
The Supreme Court three-judge bench is headed by Deputy Chief Justice Gibbs Salika, Bernard Sakora and Nicholas Kirriwom.
They yesterday granted leave to parties that applied to intervene in the proceedings. The parties are: deputy speaker of parliament Francis Marus, Anglimp-South Waghi MP Jamie Maxtone-Graham, Bulolo MP Sam Basil, Madang provincial MP Sir Arnold Amet, Vanimo-Green MP Belden Namah, Ialibu-Pangia MP Peter O’Neill, East Sepik provincial MP Sir Michael Somare and the East Sepik provincial assembly.
The court refused the application of Tom Kulunga and Fred Yakasa to intervene on the basis that the reference did not contain any questions which would require their capacity to assist.
Lawyers for the interveners further submitted that the court consider relevant dates to proceed with the hearing of the substantive issue.
Salika told the lawyers to be mindful of the length of the proceedings and advised them to prepare submissions in relation to the issues of law.
“We are now under pressure because the election is around the corner,” he said.
“We have to get over with the issue before writs are issued for the election.”
The court returns today to make a ruling on the time which the proceedings will take
until a decision is reached.