Toropo remains head of PNGDF

MAJOR-GENERAL Gilbert Toropo will remain as head of the Papua New Guinea Defence Force after he obtained a stay order in the National Court in Waigani on Friday.
Acting Judge Emma Wurr granted the exparte stay order on the National Executive Council’s (NEC) decision to revoke Toropo’s appointment as commander of the force.
The court also issued a stay on NEC’s decision on Dec 15, to appoint Toropo as PNG High Commissioner to New Zealand.
The stay order will remain pending the determination of the substantive proceedings.
Toropo filed the application for judicial review in the National Court arguing that the NEC had failed to comply with Section 193 of the Constitution in revoking his appointment.
He stated that the NECs appointment of Col Mark Goina was not done in consultation with the Public Service Commission (PSC).
Toropo, in his leave application, argued that the NEC failed to give him an opportunity to have a say on the revocation of his appointment.
He claimed NEC’s decision was unreasonable as he had yet to attain the age of retirement of 60 and the purported Defence Council meeting was not conducted in breach of Section 7 of the Defence Act.
Justice Wurr granted leave for judicial review and issued a stay on the NEC decision of Dec 15.
The NEC has been named as the defendant in the case.
Solicitor General Tauvasa Tanuvasa told The National yesterday that he was advised by Attorney-General Dr Eric Kwa that the State was not served any court documents from Toropo’s lawyers until the court orders were served to the state via email on Friday.
Tanuvasa said the Attorney-General had taken steps to set aside the stay order. The matter returns to court on Feb 18.