Minister seeks to quash OC directions

National, Normal
Source:

The National, Friday 13th of February 2015

 Public Service Minister Sir Puka Temu has filed an application in court seeking to stay the Ombudsman Commission directions restraining him and others from progressing with the construction of an office complex. 

This follows a National Court decision on Tuesday that granted leave to Sir Puka to have the court review the directions the OC had issued on March 28, last year. 

Acting judge Justice Leka Nablu will give her ruling on the stay application after parties complete their submissions. 

Lawyer Ian Molloy QC, representing Sir Puka as the first plaintiff, said the balance of convenience favoured the granting of the stay order. Molloy clarified that the stay order was intended only for the OC directions and it would not stop the OC from conducting its investigations. 

Lawyer Loani Henao , representing the second plaintiff, Naima Investment Ltd and Central Land Ltd, said the Constitution did not intend for the OC direction to occur for a long period of time. 

Henao said the proposed building project faced the possibility of being aborted due to prolonged uncertainty. 

Lawyer Michael Efi, representing the OC, objected to the stay application as there were no serious issues to be tried. He said if the stay was granted, it would only stop the OC from conducting its investigations, be prejudiced and cause inconvenience. He said there was an alleged breach of procurement processes that led to the second plaintiff being granted the contract.