Pruaitch’s application dismissed, tribunal continues

By BOURA GORU-KILA
AN application by Aitape-Lumi MP Patrick Pruaitch claiming that he was deprived of his jurisdiction on the basis that the leadership tribunal against him was delayed over a long time was dismissed on Friday.
Pruaitch, who is also Minister for Foreign Affairs and International Trade, made submissions through his lawyer Greg Sheppard challenging the tribunal’s jurisdiction on the basis of delay.
Chairman of the tribunal Justice Panuel Mogish said while there was lengthy delay, it was not unreasonable as it enabled Pruaitch to follow due process of the law to institute legal challenges.
“Due process is still in its infancy stage where parties have not called any evidence as yet,” Justice Mogish said.
“So far this tribunal has not denied any opportunity to the leader to challenge the jurisdiction of the tribunal.
“The leadership code is an important law which must be administered effectively to protect the people and the nation from corrupt conduct of people in the leadership positions.
“In balancing all these considerations, we have reached the conclusion that it would be in the interest of everyone that this court should not quash the referral but allow the public prosecutor to proceed with the charges before a leadership tribunal.
“We are satisfied that we have the jurisdiction to hear the matter and it must proceed to avoid any further delay,” Mogish said.
The tribunal will continue on Thursday at 9.30am at the Bomana National Court.
Other tribunal members were senior magistrates Michael Apie’e and Nancy Lipai.
The tribunal started its first hearing on Aug 15 at Bomana National Court where public prosecutor Pondros Kaluwin presented the references against the leader containing nine allegations of breaches of the leadership code accompanied with the state of reasons and exhibits.
Pruaitch was suspended under section 38 of the organic law.