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Script
The Opposition Leader Douglas Tomuriesa and his opposition team who are adamant about changing the Marape- Rosso government has welcome the unanimous Supreme Court decision this morning
The decision read by Chief Sir Gibbs Salika announced the high courts recognition that Mr Tomuriesa has standing to file the Supreme Court Reference under section 18 (1)
The Supreme Court held that Mr Tomuriesa is a leader of the Opposition, he has sufficient interest in the substantive issues on what happened in Parliament on June 5, 2024, he is a citizen of Papua New Guinea and there are important constitutional issues being raised
The bench comprising Chief Justice Sir Gibbs Salika and other justices David Cannings, Les Gavara-Nanu, Panuel Mogish and Derek Hartshorn rejected the arguments by the Speaker and the Attorney General
Lawyers for the Speaker Job Pomat and Attorney General Pila Niningi have argued that Mr Tomuriesa was just a busy body and did not have sufficient interest in the issues raised
By him walking out of Parliament in protest on June 5, 2024, this was also described as an act that did not respect the parliament process and therefore he has not exhausted parliamentary procedures before going to court
The Supreme Court held that Mr Tomurisea is a citizen of Papua New Guinea, a leader of the opposition who has sufficient interest and the issues raised are not hypothetical, vexatious or trivial
The bench held the arguments on substantive merits should go to trial
The matter will now go before a single judge for further directions to progress the case.
Attorney General Pila Niningi has welcome the decision and congratulated the Opposition leader and his team
Mr Niningi is adamant about raising an objection to competency when the case progresses
His lawyer Dane Mel filed an objection to competency at 1.30pm on Wednesday this week and they tried to move the application yesterday but the bench declined to hear that saying they must deal with standing of Tomuriesa first
During the exchange between counsel Mel and Chief Justice Gibbs Salika, yesterday the chief justice told Mel, he has not complied with time ...
It was said in court that any objections to competency should be filed within 21 days after the leave to intervene has been granted
The opposition and Mr Tomuriesa may now have this hurdle to overcome before their supreme court reference can proceed further but they were a pack in court today and so elated.
Негізгі бет Douglas Tomuriesa and the Opposition must overcome an objection to competency | Supreme Court
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