​PNG Chief Justice Matter Escalated to NEC by Ombudsman Commission

​PNG Chief Justice Matter Escalated to NEC by Ombudsman Commission

A constitutional standoff is looming in Papua New Guinea after the Ombudsman Commission exercised its reserve powers to refer Chief Justice Sir Gibbs Salika to the National Executive Council over alleged misconduct in office.

The referral was made despite the Acting Public Prosecutor deciding not to pursue Leadership Tribunal proceedings against the country’s top judge.

According to a press statement issued by the Commission, the matter was first referred to the Public Prosecutor on March 9 this year after the Commission formed the view that there could have been misconduct in office by the Chief Justice under constitutional and Organic Law provisions.

Acting Public Prosecutor Helen Roalakona later informed the Commission that she would not proceed with the case, stating that the material submitted lacked evidence that was “insufficient, not credible and cogent” across all allegations.

Following that decision, the Ombudsman Commission said it relied on constitutional reserve powers provided under Section 29(2) of the Constitution and Section 27(3) of the Organic Law on the Duties and Responsibilities of Leadership to take the matter directly to the NEC.

The Commission argued that it retains authority to act where it considers that a case has not been prosecuted within a reasonable time or where a matter has not been properly referred to a tribunal.

Chief Ombudsman Richard Pagen said the Commission was satisfied that the case involving Sir Gibbs warranted further consideration and had therefore forwarded its statement of reasons to the Chairman of the NEC.

The Commission also referred to Supreme Court Reference No.3 of 2005, which outlined the responsibilities of the Public Prosecutor in leadership matters and clarified procedures relating to tribunal referrals.

The NEC is now expected to determine whether a tribunal should be appointed to investigate the allegations against the Chief Justice.

Acting Public Prosecutor Helen Roalakona said the evidence presented was “insufficient, not credible and cogent”.

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