Lawyer wants tribunal’s ruling reviewed

 By SAMUEL RAITANO

THE leadership tribunal’s decision to dismiss Angoram MP Arthur Somare’s submission questioning the authority of the signature on his referral has taken a new twist. 

Somare through his lawyer Ian Molloy has filed an application in the National Court for a judicial review on the decision by the tribunal in order to verify the laws and procedures guiding the duties of the Public Prosecutor in referring a leader. 

It was the same argument that the tribunal dismissed last month. 

Yesterday, the appli­ca­tion was heard in the morning, and the timing coincided with Somare’s leadership tribunal. 

It had to be adjourned until National Court judge Panuel Mogish makes a ruling on whether to grant leave on the application tomorrow. 

In the submission yesterday, Molloy argued that although state prosecutor Katwa Umpake had signed the referral on behalf of public prosecutor Camillus Sambua, claiming that Sambua had authorised him to do so, there were no legal provisions for that. 

He also questioned whether there were constitutional provisions allowing Sambua to hand over his duty as public prosecutor to another person. 

This was in regards to the signing of the referral which was argued to be solely the public prosecutor’s role. 

Lawyer Sam Koim, representing the public prosecutor, said the move was a deliberate attempt to draw attention away from the charges Somare was facing on allegations of misconduct in office. 

Koim said the matter had started in 2002, with Somare trying to prolong the proceedings, by raising all sorts of legal issues. 

He said the application for judicial review did not affect the allegations of misconduct which was a separate matter to be dealt with by the tribunal. 

The ruling on the matter is expected tomorrow.