By Bryan Kramer Last Thursday National Court, Justice Cannings upheld Belden Namah's judicial review application challenging the Leadership Tribunal decision on 9 April 2018 finding him guilty of misconduct and recommending his dismissal from office. Namah argued that the tribunal ought to have given him the right to respond to the penalty before handing down its decision. In this case the penalty recommending his dismissal from office. The practice has been the Court or Tribunal will first determine if a person is guilty of an offence before making a decision on the penalty. After hearing the evidence and making ruling on guilt it will then stage a further hearing to determine the appropriate penalty. This is to afford the parties including the accused the opportunity to explain to the court what they believe the penalty ought to be, given the circumstances of the case.
0 Comments
|
Kramer ReportInside story through in-depth investigative reporting and critical analysis by Honourable Member for Madang Open Bryan Kramer Categories
All
|