Saonu’s case dismissed

A COURT case challenging the legality of the process that led to the setting up of a leadership tribunal to inquire allegations of misconduct in office against Morobe Governor Ginson Saonu has been dismissed.
Deputy Chief Justice Ambeng Kandakasi presiding in the National Court, on Nov 4, dismissed the case for being an abuse of process.
The decision comes after he raised the issue of the court’s jurisdiction when the matter was first mentioned before him on Oct 30.
“The process in this case is that if a leadership tribunal is appointed, if you have issues, raise that as in issue in that forum,” Justice Kandakasi said.
Lawyer Ralph Saulep, appearing for Saonu, told Justice Kandakasi on Oct 30, he was seeking an adjournment to seek further instructions from Saonu concerning the jurisdictional issues raised.
The matter was adjourned to Nov 4.
On Nov 4, Saulep did not appear in court.
But Solicitor-General Tauvasa Tanuvasa, who represented Auditor-General Gordon Kega, and the State and Anthony Kupmain, who represented the Ombudsman Commission, appeared in court.
Tanuvasa said Saulep had filed a notice of discontinuance.
However, Justice Kandakasi said Saulep needed to seek leave or permission of court first to move the notice of discontinuance.
Tanuvasa agreed and said it was clear that the plaintiff the Governor for Morobe had recourse in the leadership tribunal.
“So we would ask that the proceedings be dismissed with costs to the third (Kega) and fourth (State) defendants.
Justice Kandakasi, in his decision, struck out the notice of discontinuance for being an abuse of process.