Injia warns lawyers not to delay USB cases

 By CHARLES MOI  

CHIEF Justice Sir Salamo Injia has warned lawyers not to waste time in dealing with three consolidated court cases relating to the Government’s decision to obtain a K3 billion loan from UBS to purchase Oil Search Limited shares. 

Sir Salamo, presiding as a single Supreme Court judge, issued this warning last Friday in Waigani after lawyers did not complete the index to the reference book. 

“You (lawyers) better get the substantive matter reached quickly,” Sir Salamo said. 

“It is 12 months and we are still talking about the index.” Sir Salamo said the matter would be put on summary determination if the lawyers continued to waste time. 

Parties were ordered by the court to discuss and prepare the index and return to court on Feb 16 for further mention. 

Sir Salamo said the hearing of the substantive matter of the references would be possibly heard this month or in the April Supreme Court sittings. 

Prime Minister Peter O’Neill, Public Prosecutor Pondros Kaluwin, the Ombudsman Commission, Attorney-General Ano Pala, and the State are the other parties in the matter. The three references before the Supreme Court include the reference by Attorney General Ano Pala pursuant to Section 19(1) of the Constitution.

It deals with Sections 26 to 31 and Section 177 of the Constitution and Sections 17, 20 and 27 of the Organic Law on Duties and Responsibilities of Leadership.

The two other references are referrals by Justice David Cannings and Justice Colin Makail pursuant to section 18(2) of the Constitution. 

Cannings’ reference concerns legal questions on the powers, functions, duties and responsibilities of the Public Prosecutor and Leadership Tribunals under Division iii (2) of the Constitution and Organic Law on the Duties and responsibilities of Leadership. 

Makail’s reference refers to issues on whether the Ombudsman Commission had the jurisdiction to give directions to O’Neill and Treasury Secretary Dairi Vele to stop further dealings on the loan arrangements.

The National Executive Council on March 6, 2014 approved the K3 billion off shore loan from UBS to purchase a 10 per cent equity share in Oil Search Limited.