TREASURY and Finance Minister, Patrick Pruaitch’s application, seeking an injunction to stop the directions of the Ombudsman Commission (OC) to refer him to a leadership tribunal over allegations of misconduct of office was dismissed last Friday by the Waigani National Court.
The ruling by Justice Ere Kairiko said the move by Mr Pruaitch to stay the OC’s directions was a abuse of process as no new grounds were pleaded in the proceedings.
Justice Kairiko said an earlier court proceeding had also dismissed a similar application by Mr Pruaitch on the basis that the pleadings had no merits and OC had the power to refer him to a leadership tribunal.
The court also found that Mr Pruaitch did not appeal against the decision of the court at the time when the matter was dismissed, but sought new proceedings which related to the same grounds.
Justice Kairiko made reference to other similar cases and ruled that the entire proceedings of OS 342 of 2010 be dismissed for an abuse of court process.
Justice Kairiko also ordered the plaintiff to bear the cost of the proceedings.
This means the referral by OC for Mr Pruaitch to face a leadership tribunal over a total of eight allegations of misconduct of office will proceed.