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Are the courts still capable of offering the people justice?


AFTER I wrote the article, Justice delayed is a denial of the people’s rights, I was certain that justice would finally emerge after the court dismissed the application to further stay the arrest of prime minister Peter O’Neill.

I was of the opinion that, even if the prime minister’s legal team challenged the lower court's decision, the supreme court would only overturn the decision if the presiding judge had erred in his ruling.

Therefore it came as a shock that the chief justice made a decision to once again stay the arrest of the prime minister pending further instruction.

This was on the back of the chief magistrate and a senior judge of the national court ruling that the arrest warrant be executed.

While the chief justice is exercising his rights, I can’t help but ask how long will Papua New Guineans have to wait for justice to take its course?

I thought that a case concerning the prime minister was of such national importance that it should be dealt with expeditiously – and certainly, three years later, still be awaiting resolution.

According to my layman's view, there are two sets of laws in this country: one for the leaders and one for the rest of us.

The rest of us fall victim to draconian treatment dished out by the police, yet rarely do we seek justice through the courts because engaging a private law firm to defend one's rights costs dearly and the Office of the Public Solicitor is dysfunctional.

Our justice system has been designed in such a way that those with resources can fully utilise all available means to defend their rights whether they are at fault or not, even if they use taxpayers money to do so.

How does it make sense when taxpayers money is used to deny justice to the tax payers? If it is not insanity then it is outright ludicrous.

It seems most Papua New Guineans can no longer rely on the courts to grant us the justice we want and are entitled to.

The lawyers and the judges can argue otherwise but I am certain the rest of Papua New Guinea is losing confidence in our justice system. I may be biased but I am not alone.

At a time when state institutions are being politicised and their independence is being eroded, the justice system should remain the beacon of our ill democracy.

Justice Makail's ruling seemed to ensure that that light still glowed. However, after the decision by the supreme court, it appears we can now only turn to God to bring us justice.



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Lindsay F Bond

Looppng today reports Twivey Lawyers served documents pertaining to contempt of court proceedings, apparently to allege that statements said to have been made, were intended to impair the impartiality of a Supreme Court proceeding regarding a warrant of arrest against the Prime Minister.
Persons so served are Vanimo MP, Belden Namah and Madang MP, Bryan Kramer.
Mr Namah said he will (respond by) challenge, and Mr Kramer said he will defend (in response).

Tene Angale

I believe the majority of PNG citizens are in favour of Justice Makail's decision. If we run a nationwide fundraising drive led by the Opposition to raise enough money to hire a law firm to revisit CJ Injia's decision and the pending Sunday voting, we may all be satisfied after the results.

A kina or two into this account by disgruntled and unfairly victimized citizens will definitely reach a million or two which will be adequately sufficient to hire a reputable local or overseas law firm to do the job in an endeavor to deliver justice.

Jordan Dean

We have a justice system that spends most of it's time correcting its own errors and less time dealing with the crimes committed. Lawyers win cases based on errors of the judiciary and not more on the truth or evidences of crimes committed by the offenders. Crooks and murders walk away freely because of 'technicalities'. Our justice system is weak and needs an overhaul.

William Dunlop

More than well spoken Busa. And here but by the grace of God go I!

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