Somare allowed time to decide next move

National, Normal
Source:

The National, Thursday 23rd Febuary 2012

SUSPENDED Angoram MP Arthur Somare has been given two weeks to decide whether to re-open his bid to stay the tribunal.
If he does not, the leadership tribunal hearing his misconduct allegation will resume.
Somare faces charges of failure to submit annual statements and a misapplication of K250,000 discretionary component of his electorate’s district support grants.
But he went on to challenge the referral on the grounds that it was not properly tabled before the tribunal.
His bid to stop the tribunal twice was rejected – first at the national count and then the Supreme Court.
The Supreme Court found Somare’s application to stay the tribunal as an abuse of court process and without merit.
Somare’s grounds of appeal relates to whether the tribunal had the jurisdiction to deal with his referral when documents relating to it were signed by a state prosecutor and not the public prosecutor.
He argued that only the public prosecutor had the authority to sign relevant documents of referral and not a state prosecutor.
The court dismissed Somare’s appeal and ordered the tribunal to reconvene.
When the tribunal reconvened on Wednesday, Somare’s lawyer Goiye Gileng of Posman Kua Aisi lawyers said they were not satisfied with the Supreme Court decision and would re-open the case.
He told the tribunal that his client was not given a fair opportunity to justify the grounds in the appeal appropriately.
Gileng said his client had the constitutional right to persue his matter and asked the tribunal to grant a two-week adjournment for his client to make up his mind on whether to reopen the appeal or proceed with the tribunal.
But state prosecutor Kathwa Umpake said the tribunal had been delayed for too long to allow Somare to pursue his appeal at the national and supreme courts.
After considering the submissions, the tribunal members headed by Justice Salatial Lenalia, agreed to adjourn for two weeks to give time to Somare to decide on his intentions and advise the tribunal when it resumes on March 6.