State to be party to review

 THE State will join as party to a judicial review proceeding filed by the Fly River provincial executive council relating to the Commission of Inquiry  (COI) Report into payment to lawyers and law firms by State agencies. 

Acting judge Justice Leka Nablu said in the National Court in Waigani yesterday that the State had an interest in the matter and should be given the opportunity to be heard in the leave application.

Nablu adjourned the matter to March 4 for the plaintiffs (Fly River) to move its leave application and to amend the originating summon and the leave application to include the State.

The court extended the interim injunction order granted on Feb 6 until March 4.

The interim order restrains the Prime Minister Peter O’Neill from tabling in Parliament a Commission of Inquiry Report into payments to lawyers and law firms by State agencies until an application for leave is moved or granted. 

Judge Warwick Andrew is named as the first defendant in the proceedings. 

Lawyer Greg Egan QC representing the plaintiffs in his submissions said that the PM was acting on his own behalf in establishing the COI and did not represent the State in establishing the COI.

Egan further argued that there was nothing in the actions of the PM that established that he was the agent of the State pursuant to s 142 of the Constitution.

Defence counsel Nicholas Tame objected that the PM had acted on his capacity as PM and therefore acted as an agent of the State and therefore had the right to be heard.

State lawyers also argued that the PM was an agent of the State as provided for under section 8 of the Claims By and Against the State and should join as a party to the proceedings.