Namah cleared for duties

By KARO JESSE
VANIMO-Green MP Belden Namah is clear to perform his duties as an MP and Opposition Leader after the National Court lifted his suspension under the organic law on duties and responsibilities of leadership.
Namah was automatically suspended from duties in 2018 when he was referred to the leadership tribunal.
On April 9, 2018 he was recommended to be dismissed from duties by the tribunal after he was found guilty of misconduct in office for storming a court room on May 24, 2012 to arrest former chief justice Sir Salamo Injia, who was presiding over cases at the time.
Before the recommendation could be implemented, Namah applied to the National Court and was granted leave to review the tribunal’s decision and a stay of its decision.
On July 7, Justice David Cannings in the review proceedings ruled that Namah was denied natural justice when the leadership tribunal (Higgins Tribunal) found him guilty of misconduct in office and recommended his dismissal.
Justice Cannings then ordered for further hearing on questions of what further remedies sought to be granted, Namah through his lawyer Greg Sheppard, of Young and Williams, opted for the entire tribunal decision to be quashed.
Justice Cannings yesterday quashed the entire decision of the Higgins tribunal because as he had ruled that the jurisdictional error in which Namah was denied natural justice defected the entire decision, including the findings of guilt.
He further granted a permanent stay of the allegations of misconduct in office by Namah because this will be the second time a leadership tribunal proceedings on the matter which has being miscarried without Namah’s fault.
This was because the most serious allegation of misconduct against Namah became the subject of a charge of contempt of court in 2012. It was withdrawn on instruction from the former chief justice.
Justice Cannings said it was incumbent on all constitutional office holders and institution involved in administration and enforcement of the leadership code to act quickly and decisively when there was clear evidence.
“The most serious allegation concerns an incident happened eight years ago” he added.
“The incident of May 24, 2012 involving a leader was extremely serious and warranted immediate and decisive action.
“But it did not happen, justice was miscarried in more than one occasion.
“Plaintiff (Namah) has evidence suggests being paragon of cooperation with the justice system – there comes a time when enough is enough and that time is now,” Justice Cannings said.
Outside the court, Namah told the media that since he was cleared from all allegations, he would be re-filling a Supreme Court application questioning the constitutionality of Prime Minister James Marape’s election last May.