Yama’s bid thrown out

The National Main Stories
Peter Yama

By ZEDAIAH KANAU
MADANG Governor Peter Yama’s application seeking orders to stop police from interviewing him was thrown out by the Waigani National Court yesterday.
Judge Nicholas Miviri said that Yama’s application seeking the injunctive orders was an abuse of process and dismissed it in its entirety since the matter had already been dealt with by the Waigani Supreme Court.
“The applicant (Yama) has submitted that it is a human rights application and the inherent jurisdiction of this court is invoked pursuant to s. 155 (4) of the Constitution,” he said.
“The problem is if this is an application afresh, this court will certainly be acquainted and will deal with the fresh facts as it were.
“Examining the matter, it is the same matter by its facts’ circumstances brought before the Supreme Court presided by Justice Makail on Feb 15 and 16.”
Justice Miviri said that by the hierarchy of the courts, the jurisdiction of the Supreme Court overrode that of the National Court.
“There is no jurisdiction to rehear the matter as a new human rights originating summons,” he said.
“An abuse of process would eventuate and has eventuated because this is the second time that the matter is now before this court,” he said.
An allegation of bribery arose during the 2017 elections in which Nixon Kavo and John Tumaing, both electoral officials, were paid K50 and K500 respectively by Yama.
Both men were charged by police and tried and convicted by the Madang National Court on Oct 3, 2018.
Both have appealed (the sentence) to the Supreme Court and it is still pending. Arising from that, police in Madang wrote a letter to Yama inviting him for an interview.
Yama has not attended to the interview and sought a stay before the National Court in Port Moresby which was dismissed and so appealed to the Supreme Court, again which ruled that no cause for action was found.
“Because the same issues have been determined by this court, it would be multiplying the same process repeatedly,” Miviri said.
He said the multiplicity of proceedings in the same matter was improper since the merits had been determined.
Justice Miviri dismissed the proceeding and ordered that costs to follow the event.

14 comments

  • Yes This is it-Mr Yama Court…..The Supreme Court has DISMISSED your bid-Its time for you to face your DOWNFALL!

  • Be Man enough to face the full force of the law. It’s very unbecoming of a so called leader. The law is above everyone and No one is above the law. Let the law take its course and let there be justice, truth and righteousness for the innocent people.

  • Leader don’t worry before becomes quality leader such a situation you will encounter so be courageously as you goes on for such are movement.

    May God bless you. I,ll help you to prayer bye

  • It seem to me like; the rule of laws are only meant for the grassroots and the ordinary citizens of this beautiful country – not the Leaders. Why not the leaders submit and face the law? If you are not guilty then let the law prove you innocent. Why insisting with all kind of applications? No body is above the laws governing a nation. Lets get the facts right, leaders.
    PNG is just unfair!

  • It seem to me like; the rule of laws are only meant for the grassroots and the ordinary citizens of this beautiful country – not the Leaders. Why not the leaders submit and face the law? If you are not guilty then let the law prove you innocent. Why insisting with all kinds of applications? No body is above the laws governing a nation. Lets get the facts right, leaders.
    PNG is just unfair!

  • This guy is a criminal in disguise and not a fit and proper person to represent the people of Madang in Parliament. One wonders how and why people voted for him in the first place given his past bad record. Typical of highlanders he is power-hungry and will resort to all sorts of means to retain power, even to the extent of abusing court processes. He is obviously employing delaying tactics but eventually he knows there will come the time when he will face the music.

  • I’m sick and tired of seeing this crook trying to manipulate courts to cover his illegal activities.
    Thank God the court has finally seen through his scam.
    He should have been jailed years ago.

  • Elderly parliamentarians like YAMA should take the OWNERSHIP of this beautiful nation of PAPUA NEW GUINEA and act right rather play shit. Let the law take its full course and uproot those corrupt FOUNDERS in order for our country to prosper.

  • Why seeking court injunction all the time? This is becoming a habit for politicians and top bureaucrats in the country. Why crying over spill milk. Mr Yama you’re old and wise enough to face the music.

  • Josef not every highlander is power hungry! The time has come for Godly leaders to arise and the current PM is an example yet another Highlander!

  • Truth cannot be hidden with lies. Lies cannot be hidden with lies. Lies cannot be hidden with truth. Truth can be hidden with truth.

  • We should not discriminate people base on what particular regions they originate from, this sort of thinking and mentality should have been done away with as a relic from the bygone era. We are one people and one coutry bound together as an independent nation almosr approaching its 50th anniversary of independence.

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