Justice John Kawai has been referred by the Supreme Court to the Judicial and Legal Services Commission for investigation regarding a decision in a National Court case.
He was referred by the Supreme Court in Kimbe, West New Britain last week after the Supreme Court quashed a decision that he made in the National Court, and described it as a gross abuse of the court process. The three-man bench comprising Chief Justice Sir Salamo Injia and Justices Ellenas Batari and Panuel Mogish said it could be the first time for the Supreme Court to revoke its own motion under its own initiative and added that it is being done under very exceptional circumstances to quash and set aside a National court decision. They ordered that pursuant to Section 155 (2) (b) of the Constitution, the decision of the National Court on November 21 and 22, 2013 to imprison a Dennis Marus to 23 years imprisonment for default relating to a civil judgment debt of K102,000 is quashed and that he is immediately released from the Lakiemata jail in West New Britain. A Doko Kari, lawyer for the plaintiff in the matter WS 678 of 2003, was also referred to the PNG Lawyers Statutory Committee for disciplinary action relating to his role in in the National Court proceedings. Justice Kawi, the presiding judge in the matter, was referred to the Judicial and Legal Services Commission. It was found by the Supreme Courtt that on November 21, 2013 Mr Kari brought the matter to the attention of Justice Kawi. It was not on the court listing for the day but the judge had made a ruling on that particular case in 2011. Mr Kari at that time allegedly advised that the plaintiff was in court and was aggrieved as he had not received any payment of the K102,000 and wanted justice to be done, Justice Kawi said he would reserve his decision and make a ruling the next day. On November 22, 2013 the judge reportedly sentenced Marus to 23 years imprisonment with hard labour. But in a Supreme Court review of that decision, Sir Salamo said the process was not followed as the matter was not on the November 21 and 22 list and Marus had not been informed. The sentence was reportedly handed down without the defendant being present in the courtroom, which the Chief Justice said did not allow for a fair trial. Marus, who was brought down from jail to appear in the Supreme Court, said he had no knowledge of the National Court proceedings and was in Lae when he received a call from the police. They asked him to return to Kimbe as they had a warrant of arrest for him and he was to be jailed for 23 years. He told the Supreme Court that he asked the police to wait until he travelled to Port Moresby to engage a lawyer. However, upon his return to Kimbe in February this year, he was arrested and taken to Lakiemata to serve his sentence but not before making an appeal in the Supreme Court. PNG Facts/Post Courier Comments are closed.
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