Tribunal against MP withdrawn

A LEADERSHIP tribunal against Aitape-Lumi MP Patrick Pruaitch chaired by Justice Nicholas Miviri at the Waigani National Court was withdrawn after the disqualification of the chairman because he was a prosecuting counsel in previous matters in the tribunal.
The other members were senior magistrates Michael Apie’e and Nancy Lipai.
The matter will reconvene when Chief Justice Sir Gibbs Salika reconstitutes a tribunal with a new chairman, replacing Justice Miviri.
That was the ruling after Public Prosecutor Pondros Kaluwin, lawyer assisting the tribunal, raised issues that disqualification was appropriate to uphold the integrity of the process by the Constitution as the chairman was the prosecuting counsel in previous matters in the tribunal.
“It is important that objectively, there are no issues raised as to the independence impartiality of the tribunal when it dispenses its duty by the Constitution and the Organic Law,” he said.
“The association of the chairman as the prosecuting counsel in (two other tribunals) makes it all the more probable that a reasonable and fair-minded person aware of all the contents in the previous cases prosecuted by the chairman as prosecuting counsel there would be reasonable suspicion that a fair hearing for the MP Patrick Pruaitch was not possible.
“In two matters, the chairman of the tribunal was involved as counsel.
“Time has flowed but the matter is still the same matter in all respects by law and the facts leading to this present tribunal.”