Namah’s lawyer can visit asylum centre

By ADRIAN MATHIAS
OPPOSITION leader Belden Namah’s has been refused a court injunction he had sought to stop more asylum seekers entering the Manus Island centre but his lawyer has been allowed to visit the centre to offer legal advice to them.
Namah is challenging the legality of those seeking asylum in Australia being held and processed in PNG, saying it is unconstitutional.
Justice David Cannings granted Namah’s lawyers leave to visit Manus to offer legal advice to the asylum seekers. But he refused an application by Namah for an interim injunction to stop the government from accepting any more asylum seekers from Australia.
Namah’s lawyer Loani Henao sought the court’s permission to travel to Manus to offer legal advice to the 221 detainees there.
In rejecting the court order application, Cannings said it was in the interest of justice and balance of convenience.
“If the interim injunction is granted, this will cause significant inconvenience and prejudice to the defendants,” he said.
Cannings said it would impair their ability to carry out their obligations under the memorandum of agreement with Australia.
“The balance of convenience favours preservation of the status quo,” Cannings said.
The defendants are Foreign Affairs Minister Rimbink Pato, the national executive council and the state. Their lawyer Peter Kuman submitted that if the injunction was not granted, Namah would not suffer prejudice.  
“He will not lose out on anything if the application is not granted,” Kuman said.
Namah is also asking the court to declare the asylum centre on Manus unconstitutional and that the memorandum of understanding between Australia and PNG governments on Sept 8, 2012 be void and of no effect. The matter will be heard on Feb 20.
Kuman indicated to court after the ruling yesterday that he had filed a notice of motion to dismiss the proceedings on the grounds that Namah had no standing to challenge government’s decision and the matter was before the wrong court.
Cannings directed both the defence and plaintiff lawyers to file and serve affidavits by Feb 18.
Cannings said he would advise later whether the matter would proceed at the Waigani National Court in Port Moresby or in Madang.