Justice Sir Gibbs calls to fast track leadership tribunal of MP

By GIDEON KINDIWA
THE sooner the better, says Chief Justice Sir Gibbs Salika, pictured, when fast-tracking the hearing of a Supreme Court reference regarding the leadership tribunal of Maprik MP John Simon.
Sir Gibbs told parties in court that he had already notified judges that he would be picking some of them to sit for a full Supreme Court bench to hear the reference as soon as possible.
“The sooner the reference is dealt with, the better. If the reference can be dealt with quickly, then there’s no need for a stay application or an application to intervene,” he said.
Ombudsmen Commission lawyers Dr Vergil Narakobi and Mathew Kik made an application for the commission to intervene in the proceedings.
However, Simon’s lawyer, Greg Sheppard and Philip Tabuchi objected to the application saying it was flawed as none of the three Ombudsmen – Michael Dick, Richard Pagen and Kevin Kepore – had signed on the application.
Narakobi immediately withdrew the application.
Sheppard then made an application to stay the proceedings to allow for Simon to perform his duties as Member of Parliament and chairman of Maprik District Development Authority.
However, Sir Gibbs when assuring the parties that the court was ready for a hearing, Sheppard withdrew his application.
The parties agreed for submissions to be filed and served on Wednesday and heard on Friday.
The reference was filed by the Leadership Tribunal to determine constitutional issues arising with the original reference by the Ombudsmen Commission which was given to the Public Prosecutor to have Simon prosecuted.
Simon’s lawyers argue that the reference was signed by only two Ombudsmen and not all three as required by the Ombudsmen Commission Act but Public Prosecutor Pondros Kaluwin argued that there were only two Ombudsmen at the time of the signing because the third Ombudsman’s position was vacant at that time.
The Supreme Court is set hear the reference and determine whether it was constitutional or unconstitutional to have only two Ombudsmen sign and prosecute Simon. The hearing of the reference would be on Friday.