O’Neill’s stay order lifted

By TREVOR WAHUNE
A WAIGANI National Court judge has lifted a stay order on an arrest warrant of former prime minister Peter O’Neill on the grounds that the complainants in the matter had withdrawn the arrest warrant and that O’Neill’s leave application would “serve no utility.”
Justice Nicholas Miviri said: “This in effect uplifts the stay because the subject warrant is no longer there against the plaintiff applicant (O’Neill).”
A proceeding filed by the Ialibu-Pangia MP seeking to review an arrest warrant issued for his arrest for allegations of official corruption was also dismissed by the court.
O’Neill on Oct 16 had obtained an interim stay order on an arrest warrant issued by magistrate Cosmas Bidar on Oct 11 for his arrest.
The complainant in the matter was Madang MP and Police Minister Brian Kramer.
The defendants to O’Neill’s leave application were Bidar, in his capacity as the Waigani Committal Court magistrate, Det Snr Const and investigating officer Kila Talai, acting Comm David Manning and the State.
According to O’Neill’s lawyer Greg Sheppard in a court hearing on Thursday, the official corruption allegations against O’Neill concerned a cheque payment that was requested from the National Gaming Authority Board to fund the upgrading of the Yagaum Health Centre in Madang in 2012.
The matter was adjourned from Oct 16, then extended to Oct 21, and was pending hearing of the leave application on Oct 28.
However, the warrant was withdrawn.
The court held that on Oct 29, when O’Neill received a notice stating that the warrant was withdrawn, he should have responded.
However, “he sought to amend his originating summons with a statement to take account of that fact.
“The defendants then submitted that the court did not rely on the amended originating summons by relying on Order 16, Rule (6), and (3) of the national court rules,” Justice Miviri said.
The court then upheld the defence submissions raised by Solicitor-General Tauvasa Tanuvasa and his assistant Irene Mugugea that there was no utility in maintaining the proceeding for judicial review.
Justice Miviri said both O’Neill’s leave application and an application by the State to lift the arrest warrant were inter-related, and the matter should have been better dealt with.
“Any consequence that flowed from it (the matter), including arrest incarnation by its effect, is not there anymore.
“Consequently, any actions taken based on it from now henceforth would be unlawful.”