BY EOIN BLACKWELL
AAP / SYDNEY MORNING HERALD

THE GOVERNMENT OF PAPUA NEW GUINEA has failed in a bid to have last year's constitutional case about who is the country's legitimate leader reheard, after a judge said allowing it would sanction "legislation by surprise and ambush".

However, the court has yet to decide on whether the nation's chief justice Sir Salamo Injia and justice Nicholas Kerriwom should step aside amid allegations of bias against the government.

On 13 March a document bearing Justice Kerriwom's signature and calling on judges to defend themselves against attacks from the O'Neill government was leaked online.

The memo, leaked to the blog PNGExposed, calls on the court registrar to take out a full-page advertisement in local newspapers to defend Sir Salamo, whom the government and police have accused of mishandling the funds of a dead judge's estate.

Attorney General Allan Marat's lawyer, Tiffany Twivey, argued that the authenticity of the document was not an issue, only that it bore Justice Kerriwom's signature and had been seen by the public both online and in newspapers.

"The memo is up there and has been commented on by the public," Ms Twivey said.

"There are statements in the memo that if they are true (show an apprehension of bias).

The court will deliver its judgment on Justice Kerriwom at 9.30am tomorrow, after which government lawyers are expected to attempt to have Sir Salamo step down.

Read the full story here - http://news.smh.com.au/breaking-news-world/png-govt-fails-to-have-leader-case-reheard-20120402-1w8j4.html