Move to block OTML deal

 By MALUM NALU

WARNER Shand Lawyers says the Ok Tedi Mining Ltd (OTML) memorandum of agreement review taking place in Kokopo is in defiance of a court order in a pending court case.

Parties in the MoA meeting in Kokopo include the State, Western provincial government, Star Mountains local level government and Mt Fubilan Resources Association which claims to represent six concerned mine villages..

Warner  Shand lawyer, Roddy Koaru, said in a letter yesterday to parties involved in the Kokopo meeting that they could be held in contempt of court.

Last September, OTML was ordered by the Kiunga provincial land court to pay mine pit royalties backdated to July 2004 to the Kimka-Sepiyan sub-tribe of the Star Mountains of Western. 

This was after a court battle that had been going on since 2006.

After the ruling, however, another person, Biul Kirokim, sought leave for a judicial review in Feb this year which was granted by Justice Les Gavara-Nanu.

Warner Shand’s argument is that while the stay order is still in place, the OTMP MoA review has taken place, which can be seen to be in defiance of the court order.

“Judge Gavara-Nanu has placed a stay order,” Koaru said.

“The effect of the stay order is that the parties, their servants, agents, government entities like Mineral Resources Authority, Mineral Resources Development Company, and Ok Tedi Landowners’ Association are restrained from reviewing the agreement which Biul Kirokim signed in 1991.

“We will seek orders for incarceration if Kirokim signs the MOA.” and persons who aid or abet him to sign the MOA.”