Namah asks court to quash dismissal recommendation

VANIMO Green MP Belden Namah has asked the Waigani National Court to quash the decision of a leadership tribunal which recommended his dismissal on April 9, 2018.
Namah, through his lawyer Greg Sheppard from Young and Williams, yesterday argued that the decision by the tribunal should be quashed with a permanent stay granted over the allegation of misconduct in office which he (Namah) was found guilty of by the Higgins tribunal.
Namah made the submission in regards to a National Court ruling on July 7 which found the Higgins tribunal had denied him natural justice, before recommending his dismissal.
He also submitted to lift the automatic suspension which he is subjected to under Section 28 of organic law on duties and responsibilities of leader as there was confusion.
Lawyer representing Public Prosecutor Gibson Geroro responded that findings by the Higgins tribunal were clearly made and Namah was found guilty for misconduct in office when he stormed a court room to arrest former chief justice Sir Salamo Injia, who was presiding cases at the time.
Geroro submitted that findings of guilt still stood and could not be disputed, the tribunal only erred in failing to afford natural justice, so the court should use its jurisdiction or discretion to make a ruling on behalf of the tribunal for what penalty should be awarded to Namah.
Solicitor-General Tauvasa Tanuvasa argued that the tribunal’s decision should be partially quashed, excluding the findings on which Namah was found guilty, because the findings were proper and could not be disputed.
“A newly-constituted leadership tribunal should be appointed to make a ruling only in relation to what penalty Namah should be awarded with giving him the natural justice to file his submission on what he think is appropriate penalty” he added.
However, Sheppard argued that appointing a new tribunal would mean it would have to look into the entire matter starting from the allegations to final decision and not only the part of penalty which the Higgins tribunal erred in.
Justice David Cannings on July 7 ruled the Higgins tribunal made a error when it found Namah guilty of misconduct in office.
He then ordered further hearing for parties to provide submissions on what further orders and remedies ought to be granted.
The matter was adjourned to tomorrow for ruling.