Lawyer cited for abuse of process

By BOURA GORU KILA
A SENIOR lawyer has been referred to the PNG Law Society for alleged dishonesty and abuse of process.
National Court judge John Carey referred David Dotaona on Saturday during proceedings seeking to have Commissioner of Police David Cannings charged with contempt.
Dotaona was the counsel representing plaintiffs, parliamentarian Johnson Wapunai and police officer Snr Sgt Tinol Pakiapon.
During proceedings, the judge said Dotaona’s submissions were dishonest and, therefore, an abuse of the court process.
“This court finds that the submissions by the plaintiff’s counsel is dishonest in trying to connect the formation of a board with a decision that is to come and call that contempt,” Carey said.
He also warned lawyers to be careful when taking steps to file matters of national interest in court.
Carey dismissed the proceedings in its entirety.
“There has to be a message to counsel that when you come to court, you come to court with facts, not fiction.
“Not with what you would like to see, but what is factually in front of the court and in the public domain that can be proven beyond reasonable doubt,” Carey said.
He pointed out issues of professional conduct of lawyers when the National Court proceedings relating to a 20-year-old matter concerning Manning had been raised time and again when it was already dismissed.
The claims against Manning allegedly occurred in Talasea, West New Britain, on June 9, 2000, which went to court and was dismissed.
An application for a warrant of arrest was refused in the District Court on March 15.
Carey said he would have put Dotaona behind bars had there been a precedence set in PNG.