Parties told to confirm additional statements

By MELYNE BAROI
A JUDGE presiding over the special reference application by Ialibu-Pangia MP Peter O’Neill has told the parties involved to confirm whether additional statements are needed to verify the facts in the application.
Justice Allen David, appointed by Chief Justice Sir Gibbs Salika, Deputy Chief Justice Ambeng Kandakasi and Justice Derek Hartshorn to check the facts in O’Neill’s application before the case proceeded further, mentioned this in the Supreme Court in Waigani yesterday.
O’Neill’s application in part sought the Supreme Court’s interpretation of the first Parliament sitting after the General Election 2022, which he argued was unconstitutional.
Yesterday, the first intervener, the attorney-general represented by lawyer Nathan Pilang, disputed a draft order prepared by O’Neill’s lawyer George Kult which included a proposed order for “further affidavits to be filed before the hearing on facts on Aug 3”.
Part of the order proposed by Kult included the hearing date of fact checking, notices of the additional statements to be filed by the lawyers involved, and directions to be given on Aug 1 by Justice David before the hearing, and that evidence to be given in the form of affidavits only, rather than by cross-examining witnesses.
The other four interveners – the Pangu Pati, registrar of political parties, electoral commissioner and the speaker of parliament –agreed to the proposed orders.
The People’s National Congress party, as the other intervener, was represented by lawyer Brian Lakakit.
The proceeding followed a leave granted by justices Sir Gibbs, Kandakasi and Hartshorn on July 13, for Justice David to review the facts in O’Neill’s application.
It followed an application by the electoral commissioner, the Pangu Pati, the attorney-general and the speaker to have it reviewed.
The matter returns today at 9.30am.