Legal brief-outs queried

By CLARISSA MOI
THE National Court will hear arguments on who is the appropriate authority to brief out legal matters on behalf of the State next week.
Judge Joseph Yagi gave this order in Waigani yesterday when the issue of more than one lawyer representing the Papua New Guinea Electoral Commission (EC) came up, again.
Judge Yagi ordered parties affected in several election petition matters that were now before the court to frame their arguments and the court would hear them on Oct 13.
These included candidates Fr Benedict Tati against Pomio MP Elias Kapavore and EC; Samson Phannapen against Kompiam-Ambum MP Sir John Pundari and EC; Peter Yakos against Sir John Pundari and EC; and Paul Agiru against Margarima MP Mannaseh Makiba and EC.
Solicitor-general Tauvasa Tanuvasa, who appeared to represent EC, said the issue of legal representation was still on-going and there was still no cooperation by the EC.
Judge Yagi noted that this seemed to be an in-house issue of the State.
He added that the attorney-general was relying on the amended AG’s Act 2022 and the EC was relying on the Organic Law. “I indicated last week that both parties should go to an independent body for legal advice on brief-outs,” he said.
He added that the issue was ongoing and parties such as the petitioners and the first respondents had been affected.
“Someone has to pay cost to parties held at ransom,” he said.
“You have only one Government yet there is infighting, it doesn’t make sense.
“If you cannot resolve this issue, it means the government is out of control and this shouldn’t be the case.
“If I understand correctly, the position taken by the Electoral Commission is in relation to section 126(6) of the Constitution.”
Tanuvasa said the provision in relation to EC was that it not be directed or controlled by anyone during the electoral process.
Lawyer Joppo Simbala, who also appeared for EC, argued that EC was empowered under the Organic Law to conduct elections and to defend the electoral process.
Judge Yagi fixed Oct 13 for these matters to return for hearing and ordered parties to file any materials that needed to be filed and effect service.