Court gives nod to Goina

THE National Court has allowed suspended army chief Major-General Mark Goina to challenge his suspension.
In the National Court in Waigani on Friday, Judge Oagile Dingake ruled that Goina had met all the requirements for leave to review when he granted the application.
“I am satisfied that Goina had met all the requirements for leave to be granted, so therefore I grant leave on the application,” he said.
“On the issue of the stay order, I remind myself that it is discretionary, but I have considered that the suspension is for three months or depending on the outcome of the General Board of Inquiry (GBOI) while it is indefinite, so I refuse to grant the stay.”
He said his suspension was unlawful as the National Executive Council should consult the Public Service Commission before advising the head of State, so he had grounds to argue his suspension.
Judge Dingake said he had refused the stay as he did not want to interfere with the administration of the Papua New Guinea Defence Force.
The matter returns on Nov 6 for mention.
Goina’s lawyer David Dusal submitted that the court should grant leave for review as he had met all the requirements for a judicial review to argue his suspension.
However, lawyer Alice Kambi, who represented the State, said there was no objection to the application, but submitted for a stay as it was an abuse of process and the suspension period of three months would lapse in Nov 17. On Aug 18, Prime Minister James Marape announced the suspension of Goina from duties for three months and appointed Commodore Philip Polewara as the acting chief of the army.
This was so that the GBOI established by the defence minister could continue to inquire into the fatal shooting of two service men, the wounding of another soldier, and a civilian during a training exercise in Kupiano, Central, on July 4.