Task Force Sweep Team chairman Sam Koim has been asked by Prime Minister Peter O’Neill and the National Executive Council to explain to the National Court why he should not be charged for contempt of court. Lawyer Mal Varitimos QC representing O’Neill made that known to Justice Colin Makail in Waigani yesterday after he filed a notice of motion for Koim to show cause. Koim was asked to show why he should not be referred by the National Court to the PNG Law Society and or the Lawyers Statutory Committee for his conduct relating to a publication in a daily newspaper. “It is highly outrageous and offensive and it calls for the conduct to be looked at,” Varitimos said. Varitimos said the notice of motion related to Koim taking out a paid advertisement in a daily newspaper on Wednesday which was allegedly in breach of a National Court order issued on July 16 last year. The order was issued by Justice Les Gavara-Nanu which restrained Koim from discussing the current judicial review proceedings in public, including with the media, whether print, electronic, social or otherwise. Gavara-Nanu had made the orders in judicial review proceedings filed by Koim seeking the court to review the process involved by NEC in arriving at its decision to disband the Task Force Sweep Team in June last year. Varitimos asked the court to adjourn the trial until the court had dealt with the contempt allegations levelled against Koim. Makail then asked Varitimos what would be the prejudice to the defendants if the trial started as scheduled. Varitimos said parties, including Koim’s lawyer Greg Egan, agreed to an adjournment stating that the principles of contempt of court and principles of administration could not be ignored but had to be dealt with swiftly by the court. He said sub-judice was also another live issue. Egan agreed to an adjournment because it allowed Koim to respond to the contempt allegations and he did not have enough time to look at the law regarding contempt. Egan argued the court order of July 16 last year restrained discussion of the case but not publication. After considering submissions from counsels, Makail adjourned the trial until the contempt allegations against Koim were determined. Court told the parties to return to court on Dec 10. O’Neill, the National Executive Council, Attorney General Ano Pala and the State are defendants in the proceedings. The National/PNGFacts
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