My dismissal is far from the end of the matter
28 May 2023
BRYAN KRAMER
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Thanks to Phil Fitzpatrick whose scouring of social media revealed what he termed Bryan Kramer's “defiant response” to judge Lawrence Kangwia and senior magistrates Edward Komia and Josephine Nidue, sitting as the Leadership Tribunal which last week dismissed Kramer as a minister and parliamentarian - KJ
PORT MORESBY - Late Wednesday afternoon of 24 May 2023, a copy of a notice giving effect to my dismissal from office as the member of Madang Open was circulated on social media.
It was purportedly issued by the Governor General’s Office [and], given the errors on the face of the document, many raised the question whether it was genuine or fake.
I was also contacted by members of the media to provide a comment. However, never being informed of any notice giving effect to my dismissal, I could not confirm or deny the instrument to be genuine or not.
What I can confirm is that on the morning the notice was issued, I had filed my appeal before the national court.
My appeal is requesting the court to firstly review the decision of the Ombudsman Commission in refusing my request to be given the evidence in my right to be heard notice.
Secondly, to review decisions of the Leadership Tribunal in finding me guilty of misconduct in office and its recommendation to the Governor-General for my dismissal from office.
The proceedings may take anywhere between six months to one year to be determined.
If unsuccessful in the national court, I still have the option to appeal the decisions before the supreme court. So there won’t be any by-election for Madang Open anytime soon.
As the matter is now formally before the courts, I won’t comment on the merits of my case.
The Governor-General issuing a notice of my dismissal from office acting on the recommendation of the Leadership Tribunal is a mandatory constitutional process.
In that the Governor-General cannot refuse to act on such a recommendation, however, when it acts on the recommendation is a matter for the Governor-General.
The only circumstance where the Governor-General cannot act is where the decision of the [Leadership] Tribunal is appealed and a stay order is obtained from the national court.
The issue I will comment on is whether the Governor-General’s notice was triggered by the filing of my appeal or just a coincidence.
A further issue is since when has it been the practice for the office of the Governor-General to sign, scan and circulate notices of dismissal of a member of parliament?
I’m left asking the question, was the notice signed, scanned, and released at the behest of an interested party after learning I had filed my appeal?
Nonetheless, the dismissal notice by the Governor-General does not affect my appeal.
Being dismissed from office doesn’t stop me from using the time to inquire into some unfinished matters concerning high-level corruption.
Unlike in the past I’m a lot more informed on the system and those behind it. It also doesn't stop me from reporting to relevant authorities on those involved in corruption.
Being a member of parliament and minister of state imposes limitations on what you can and cannot go after and now with those limitations set aside much can be done.
As far as I'm concerned, being dismissed from office as a member of parliament is by no means the end of the matter but just the beginning of things to come."
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