Judges to hear bail application

A bail application by former acting chairman of PNG Securities Commission Alex Tongayu will be heard before a panel of three judges in the Supreme Court.
Justice David Cannings presiding as single judge of the Supreme Court made this ruling in Waigani last Friday after he refused to hear Tongayu’s second bail application.
Justice Cannings said procedure available in the Supreme Court Act allows for Tongayu’s second bail application to be heard before a panel of three judges in the Supreme Court.
“Though there is no express prohibition against an appellant (Tongayu), who is refused bail (in the Supreme Court) by a single judge making another bail application before another single judge, I think where there is an obvious procedure available for hearing the second bail application in section 10 (2) of the Supreme Court Act, that procedure should be invoked,” Justice Cannings said in his ruling.
“The second bail application is a fresh bail application. It is not an appeal. There is no obligation imposed on the applicant to show any error in the earlier refusal of bail or any change in circumstances since that refusal,” Justice Cannings said.
Tongayu’s bail application will be heard in the Supreme Court at a later date.
The National Court on April 7, 2021, convicted Tongayu with two counts of forgery. On Aug 5, 2021 the National Court jailed Tongayu for three years.
Tongayu then filed an appeal in the Supreme Court challenging the National Court decision on his conviction and sentence.
He then applied for bail at the Supreme Court pending his appeal. Justice George Manuhu presiding in the Supreme Court on Sept 10, 2021, refused Tongayu’s first bail application.
Tongayu’s lawyer Michael Norum then filed a second bail application on Dec 23, 2021.