Ruling favours Kramer

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THE Waigani Supreme Court has ruled in favour of an appeal filed by Madang MP and Police Minister Bryan Kramer after it found that some orders made by the National Court on March 5 were wrong.
The orders were made in a defamatory proceeding initiated by Ialibu-Pangia MP and former prime minister Peter O’Neill against Kramer.
On March 13, O’Neill started defamation proceedings against Kramer pleading that on 10 occasions from Oct 18, 2018 to Feb 3, 2020, Kramer had unlawfully published defamatory statements about him on various Facebook pages under his control. On March 5, Deputy Chief Justice Ambeng Kandakasi in the National Court made orders against Kramer, restraining him from inferring in the operations of the police.
The court orders restrained Kramer from using social media to comment on the conduct of police investigations.
East Sepik Governor Allan Bird was also summoned in that order to appear in court.
Kramer raised nine grounds for review on the order made by the National Court.
In his grounds, Kramer argued that the order based on the finding of facts that he had interfered in police operations was contrary to the evidence and made without proper hearing.
Kramer’s argument was upheld by the court.
Kramer also argued that the order to restrain him and others from using social media to comment on the conduct of police investigations (of particular complaints) was made in breach of his and members of public’s to freedom of expressions.
A five-man Supreme Court bench consisting of Justices Ellenas Batari, Panuel Mogish, David Cannings, George Manuhu and Collin Makail upheld Kramer’s review application, quashing the National Court orders made on March 5, saying that the judge had erred in law in making the orders.
Kramer, outside court, spoke about the decision by the Supreme Court.
“We sought to review the decision of the National Court in relation to claims that I was interfering with police operations,” he said.
“It was never a case of me interfering.
“If anything, it was to assist and improve policing and address corruption within the police force,” Kramer said.

15 comments

  • When you know that you are never wrong in anything, you will never go wrong. But if you knew that you were wrong, but thought it was right, you’ll always be right to be wrong!

    ….can’t understand that too….!

    Otherwise, good work Police Minister. Keep up the good work.

  • A clear case of hypocrisy!! and the RIGHT to FREEDOM of speech and opinions is upheld and DEMOCRACY prevails.

    ANOTHER CASE OF TAKING BACK PNG!!

  • Former PM PO is being taking things out personally against Madang Open MP BK. PO knew very well that BK is more smarter than him. Sometimes calling him “Young Man” during parliament sessions trying to install fear and make BK feel inferior and will shut up. But PO never realized that BK is another elected representative like himself from Pangia electorate. BK you are the best. Never back off from those so called recycled politicians.

  • A good and a proper decision by the Supreme Court. The previous decision/order was made to support a desperate man. Honorable Kramer, you have the support of the nation to do what you know is best for the Police Force and the Country.

  • Hooray Honorable Bryan Kramer, member for Madang Open now that you are cleared, do more to clear the backlog of corrupt people. PO has labelled you young man, now he will see that you are mature think tank politican.

  • Let’s give chance to the new breed of Marape & Steven Government for a change, support and stand with them. PO must be feeling uneasy of what is to happen next for him and trying to create confusion but he is only fighting a loosing battle.
    Keep it up Hon. BK – wok mas go yet!

  • The Judgement of Judge Kandakasi is highly questionable. Judge Kandakasi is fast becoming notorious within the legal fraternity for having most of his controversial judgements being overturned in the Supreme Court. The question is – is our good Deputy Chief Justice impartial or simply incompetent in his judgements?
    Over to your legal eagles.

  • Deputy CJ’s decision was questionable at that time and now the 5-men supreme court overruled his one-sided decision. The trust this nation held on him is fast eroding!

  • God is with you and your current government. PNG is with you.
    May God continue to GIVE you insight and wisdom to fight corruption and deliver the best for PNG.

  • Doing the right thing is not a crime, is it? Of course not.
    “Let us not get weary of doing good things for in due season we will reap the harvest,’ says the Holy Scripture.

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