Nero gets green light by court

National, Normal
Source:

The National, Monday 27th May 2013

 THE National Court has allowed the case filed by Ombudsman John Nero against the Public Prosecutor Pondros Kaluwin and the Ombudsman appointment committee to proceed.

It follows the court’s rejection of an application by Kaluwin to dismiss the case by Nero. 

The directions hearing will now be held on June 17.

The other defendants with Kaluwin are the Ombudsman Appointment Committee comprising Prime Minister Peter O’Neill, Chief Justice Sir Salamo Injia, Opposition Leader Belden Namah, Rogo Lua and Koroba-Lake Kapiago MP Philip Undialu.  

Nero through his lawyer had argued that the action of the public prosecutor in referring their client to the Ombudsman Appointment Committee was unlawful because it was time-barred and therefore in excess of his jurisdiction.  

Judge Catherine Davani noted that Nero did not dispute the public prosecutor’s powers under the Constitution but that Kaluwin had not decided to bring or declined to bring a proceedings against Nero in a reasonable period of time after receiving the referral from the Ombudsman Commission.