PRIME Minister Peter O’Neill is challenging in court the decision by the Public Prosecutor to refer him to a Leadership Tribunal over allegations of misconduct in office.
On November 14, Public Prosecutor Pondros Kaluwin had referred O’Neill to the tribunal in relation to a Cabinet decision to obtain a K3 billion loan from the Union Bank of Switzerland. It was for the State to buy 10.01% shares in Oil Search Limited. The matter returns to court on December 16 before Justice Catherine Davani. Manuel Varitimos QC, representing O’Neill, informed the court last Friday that the originating summons was filed on November 20 naming Kaluwin as defendant. Varitimos said the summons would need to be amended because of the appointment of a leadership tribunal by Chief Justice Sir Salamo Injia, plus the referral of questions on the Constitution to the Supreme Court by Justice Colin Makail in another court case. Davani said she did not want the same issues to be in two different courts at the same time. Varitimos explained that the current proceedings raised constitutional issues on the powers of the Public Prosecutor. A copy of the summons obtained by the The National shows that O’Neill is seeking a declaration from the court that Kaluwin is not entitled to refer the matter on whether O’Neill is guilty of misconduct in office. O’Neill is alleged to have failed to comply with administrative and financial processes, including the normal overseas borrowing process in the approval of a K3 billion loan from UBS AG (Australian branch) to purchase Oil Search shares. Makial last Wednesday presiding in another court case involving O’Neill challenging a constitutional directive of the Ombudsman Commission, referred to the Supreme Court six constitutional questions for legal interpretation. PNGfacts/The National Comments are closed.
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