Judge: I have jurisdiction to hear case

By KARO JESSE
SUPREME Court Justice Derek Hartshorn has ruled that he has jurisdiction to preside over an application by Police Commissioner David Manning filed in relation to a case challenging the constitutionality of special police forensic criminal investigation team into alleged misappropriation of K268 million belonging to Western people.
The money came from Western people’s dividend trust account, also known as community mine continuation agreement (CMCA) trust fund.
Comm Manning’s application is seeking to restrain Sheppard and his law firm Young and Williams from acting for Opposition Leader Belden Namah, the applicant in the Supreme Court reference.
Justice Hartshorn yesterday ruled that he had necessary jurisdiction to preside over Comm Manning’s application after he brushed aside arguments by Sheppard claiming he lacked the jurisdiction.
Sheppard said that Justice Hartshorn did not have the jurisdiction, basing it mainly on Justice Alan David’s earlier decision to refer Prime Minister James Marape’s application of similar sentiments to that of Comm Manning’s application to go before a full Supreme Court bench.
It is understood that Sheppard has also filed an application of objection to competency against the application that are objecting his involvement in the proceeding.
Solicitor-General Tauvasa Tanuvasa submitted that Justice Hartshorn had the jurisdiction to preside over the application by Comm Manning and issues raised in the objection application.
Tanuvasa said his instruction was to support Comm Manning’s application.
In relation to objection to competency application, Tanuvasa clarified that the competency was against another application.
“As to the propriety of the objection to competency is an issue, of course, there cannot be an objection to an objection to competency,” he said.