Police charge chief justice with obstruction
06 March 2012
BY EOIN BLACKWELL
AAP
PAPUA NEW GUINEA'S CHIEF JUSTICE, Sir Salamo Injia, is expected to appear in court tomorrow (Wednesday) after being charged with trying to obstruct a police investigation into his management of funds.
Sir Salamo was arrested in Port Moresby yesterday afternoon three hours after being taken into police custody.
Police spokesman Superintendent Dominic Kakas says Sir Salamo was charged with obstructing a police investigation into his alleged intervention in the handling of a dead judge's estate.
Police allege the chief justice illegally redirected into court coffers 213,000 kina ($97,647) meant for the son of the late Justice Timothy Hinchliffe.
"In 2009 the complaint was made," Mr Kakas said. "We allege Sir Salamo Injia intervened and ordered the cheque be recalled and had a new cheque made to the court's staff services."
A silent Sir Salamo would not respond to questions from journalists as he was led from police headquarters to Boroko jail cells, where he was formally charged.
He was immediately released on his own recognisance and is expected to appear at Waigani local court at 11 am Wednesday.
The Queensland Bar Association has registered concern at the arrest, warning it has the potential to set an uncomfortable precedent.
"What needs to be established is that the arrest was the result of an independent police investigation and not the result of higher-level executive government interference," president of the association Roger Traves SC said in a statement.
"The executive must respect the judiciary, decisions of the court and the rule of law. To do otherwise is to reject the due performance by the court of its constitutional obligations, and hence to reject the constitution."
In December, Sir Salamo presided over the Supreme Court decision that found Prime Minister O'Neill and his supporters did not follow due constitutional process when they dumped former prime minister Sir Michael Somare from the top job.
Charge against PNG chief justice thrown out
By ABC PNG correspondent Liam Fox
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A court in Papua New Guinea has described a criminal charge laid against the country's chief justice as an abuse of process and has thrown it out of court.
Police controversially arrested chief justice Sir Salamo Injia last week and charged him with perverting the course of justice.
They alleged he had interfered with a court order relating to a late judge's will and prevented entitlements being paid to the judge's adopted son.
But today in the national court, judge George Manuhu said the charge was an abuse of process because Sir Salamo had no criminal intent.
He said the chief justice was doing his job by ensuring the payment was correct and in any event the entitlements were paid out in November.
Judge Manuhu placed a permanent stay on the proceedings.
Sir Salamo was not in court to hear the ruling.
Posted by: Peter Kranz | 13 March 2012 at 05:52 PM
Rumours doing the rounds on Port Moresby streets are as follows;
A real fight is now brewing between O’Neill and Namah. One “secretly” wants to topple the other. Namah wants to have O’Neill arrested for siphoning government money through Paraka Lawyers and O’Neill wants to dump Namah for his unpopular decisions.
Namah continues to maintain the ‘acting Defence Ministerial’ portfolio despite protests from the incumbent, Mr Guma Wau. A dictatorship is believed to be in the making!
The street talk predictions are:
• Chief Justice Suspension (well he is now on bail)
• Military Call Out
• Plaintiff (Suspended East Sepik Provincial Govt) no longer there to pursue the Court Case
• State of Emergency
The only other two things to happen now are:
• Suspend the Constitution
• Defer the Elections
O’Neill is rumored to have approached Somare last week and asked if he (G/Chief) could join him (O’Neill) but the G/Chief refused and said the current constitutional errors must be rectified first before he can consider any moves.
Posted by: Moais Gabuar | 08 March 2012 at 12:17 AM
Am I being cynical in thinking this looks like part of a delaying tactic to stall the cases before the Supreme Court about the legitimacy of the O'Neill Government, until after it is too late - as election writs will have been called?
What if the provoked judges all went on strike?
Note this report in The National today...
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Cases before CJ deferred
The National, Wednesday 07th March 2012
THE Supreme Court registrar yesterday issued a notice deferring all cases before the Chief Justice Sir Salamo Injia who is charged with perverting the course of justice...
It is also understood that a directive has been issued to all provincial judges to be in Port Moresby by 3pm today.
A meeting of the judges is expected to be convened tomorrow.
Posted by: Peter Kranz | 07 March 2012 at 09:22 AM