State, Toropo to defend case

By BEVERLY PETER
THE Supreme Court has given the State and ousted Defence Force commander Gilbert Toropo 21 days to argue their cases over the revocation of his appointment on Dec 15.
Justice Derek Hartshorne yesterday granted an appeal filed by Solicitor-General Tauvasa Tanuvasa to dismiss the stay order and a leave for judicial review regarding the revocation of Toropo’s appointment granted by National Court acting judge Justice Emma Wurr on Dec 31. Tanuvasa argued that the State was unaware and not informed of that National Court case filed by Toropo’s lawyer.
Toropo’s appointment was revoked by the National Executive Council on Dec 15 because he would be due for retirement by the middle of this year.
He was replaced by Major-General Mark Goina.
But Toropo challenged the decision in the National Court saying he should have given an opportunity by Cabinet to have a say in the matter.
Tanuvasa told Justice Hartshorne that the leave to appeal should be granted because Toropo and his lawyer should have informed the State of the case they were filing.
Justice Hartshorne granted the application for leave to appeal and gave the two parties 21 days to file their submissions in court on the revocation of appointment.
“The interest of the people and the defence force of the country outweighs the interest of the individual,” he said.
Justice Hartshorne ruled that the stay order granted by the National Court on Dec 31 for Toropo to remain in his position be lifted.
It means Maj-Gen Goina stays as military commander.
Tauvasa said the situation should bring back normalcy to the defence force and the country.
“Now that the stay order is ineffective, we will ensure that there is a proper court order so that we can have it served to Toropo within the 21 days given,” he said.
“We have to be comply with the direction that was given in court to proceed with the case.”