Judge restrains comments

By KARO JESSE
DEPUTY Chief Justice Ambeng Kandakasi has reinforced an order restraining comments by any person, organisation or parties involved in a court case between the State and Barrick Niugini Ltd (BNL), the operator of Porgera gold mine.
Kandakasi made the order in the National Court when the matter was first heard on May 1.
However, BNL’s lawyer Derek Wood of Ashurst Lawyers on Friday presented an application seeking orders to specifically restrain the PNG Mineral Resources Authority (MRA) from making statements against BNL.
Wood informed the court that a press statement from MRA was intimidating in nature to BNL and its lawyers.
Wood said the statement by MRA managing director Jerry Garry directly attacked the law firm representing BNL which also alleged that BNL unlawfully tried to export gold 23 bars of gold worth K46 million with K70,000 worth of silver on June 3.
BNL later refuted the claim by MRA, but claimed they were intimidated and threatened by the content of the statement.
Kandakasi asked MRA lawyer Robert Leo to explain why the statement was released when there was a restraining order which barred comment.
Leo told the court that the allegations were supported with evidence, however, Kandakasi said that using press statement was the wrong way to raise alleged acts by BNL.
“Such statements will only attract negative public opinion regarding the matter,” Kandakasi said.
“Anyone attacking or threatening lawyers should be behind bars.
“Are you trying to conduct a media trial?” The court also refused to tolerate two new interested parties claiming that the State’s refusal to renew BNL’s special mining lease (SML) had also affected them because, as landowners their interest was interlinked with agreement signed between the State and BNL.
Kandakasi refused to grant the parties’ request of BNL’s motion to be served on them, because the matter was already set for review on June 20.
The parties were informed by the court that their agreement was with the State and had nothing to do with BNL.
“The judicial review sought by BNL has nothing to do with your interests.
“If you think the State’s decision has affected your interest then go back to the party which you signed agreement with, which is the State.
“The only aggrieved party is BNL, that is why it is seeking a review,” Kandakasi said.
Meanwhile, the parties have also agreed to a draft plan on the care and maintenance of the mine site, regarding the safety of environment. The draft plan was scrutinised by Kandakasi which will be endorsed today as a complete agreement on the care and maintenance of the mine site.