An appeal filed by North Fly MP Boka Kondra challenging a Leadership Tribunal decision to convict him of misconduct in office and recommend his dismissal will be heard by the Supreme Court on Aug 17.
Chief Justice Sir Salamo Injia fixed the matter for hearing after parties appeared for directions in Waigani on Monday.
Sir Salamo directed that the appellant (Kondra) prepare and file the appeal book in accordance with the index by Aug 8.
The court further ordered that;
- Parties file their extract of arguments by Aug 12
- Kondra file and serve the notice of hearing of the appeal and file an affidavit of service forthwith.
Sir Salamo advised Kondra’s lawyer Linda David and lawyer representing the State Alice Nasu that they should inform his associate if they could not appear in court on time. He made this remarks after Kondra’s case was placed on the summary determination list because parties were not in court when the matter was mentioned.
Kondra’s lawyer appeared minutes later and apologised for her lateness. She explained that she had another matter on at the same time with Kondra’s case. She added her law firm could not locate Kondra’s file in time.
Lawyer Alice Nasu who acts for the State also said she could not appear on time because there was another case on at the same time with Kondra’s case.
Sir Salamo accepted both lawyers’ reasons and vacated his order for Kondra’s appeal to be referred for summary determination.
The Supreme Court on June 21 stayed the tribunal’s decisions pending the determination of Kondra’s appeal.
The court also stayed the decision of the National Court which refused Kondra’s judicial review application on March 1.
According to the court Kondra shall remain suspended as MP until either the Supreme Court quashes the tribunal’s decision and recommendation or if Kondra fails in his appeal, until the Governor-General acts on the recommendation.
Kondra, aggrieved by the tribunal’s decision to convict him last April for Constitutional breaches under the Leadership Code and misapplication of public funds, filed judicial review proceedings in the National Court.
On March 1, Justice Colin Makail who presided in the National Court, dismissed Kondra’s judicial review case.