The National – Friday, December 17, 2010
By JULIA DAIA BORE
PNG’s four senior citizens, including private lawyer Kerenga Kua and MVIL business executive Dr John Mua are expected to have the higher court review the decision by magistrate Fred Tomo on Jan 15 this year to issue warrants for their arrest.
The other two senior citizens are banker Mary Johns and James Kruse.
Their matter is expected to come before the deputy chief justice today where they are seeking to set a date for next month.
The State had alleged them to have conspired with John Maddison and Robin Flemming to defeat the course of justice by defying a legitimate Supreme Court order in proceeding SCA 52 of 2000.
An earlier higher court ordered that MVIL pay Yama Security Services an amount of K7,303,115.85, but instead the said monies were allegedly diverted to Deloitte Touche Tohmatsu, as an agent of BSP Ltd; they were alleged to have taken part.
The plaintiffs (Kua, Mua, Johns and Kruse) instituted the court proceedings, seeking the review of first defendant Fred Tomo, that instituted their arrest by the police based on the allegations.
Hence, arresting officer Det Sgt Francis Nameus as second defendant, the suspended police commissioner Gari Baki as third defendant and the State of PNG as fourth defendant in the proceedings.
The plaintiffs are claiming that the magistrate did not use his discretion under section 49 of the District Courts Act and section 8 of the Arrest Act to proceed by way of summons instead of the warrants under the circumstances.
The Judicial Review was granted to them on Jan 29 this year by Justice Sao Gabi.
Today they expect to get a date set for hearing before the deputy chief justice.