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Madang Governor Peter Yama … bid to stop arrest rejected by National
Court
Madang Governor Yama, nine others to be arrested
PORT MORESBY: The National Court in Waigani yesterday dismissed
Madang Governor Peter Yama and nine others’ application to stay their arrest
warrants.
This means the police can now arrest Yama and his
co-accused who had allegedly conspired to defraud the Manam Resettlement
Authority of K6 million.
Details of the court proceedings were reported by The National:
Yama, others
to be arrested
September 15, 2021The
NationalMain Stories
POLICE can now arrest Madang Governor
Peter Yama and others over fraud allegations after the National Court yesterday
refused his request to stay the arrest.
He and others had allegedly conspired to defraud the Manam Resettlement
Authority of K6 million.
His co-accused are Joseph Bonomane, Helen Kanimba, Loimeng Bande, Paul Amera,
Joseph Aka, Anton Kaming, Richard Nagos, Reisino Peni and Henry Kambuka
Defence lawyer David Dotaona filed the stay application on Sept 6, arguing that
Police Commissioner David Manning and the State had breached the group’s
rights, thus making the warrant of arrest unlawful.
Solicitor-general Tauvasa Tanuvasa represented the State.
Justice Nicholas Miviri dismissed Yama’s request for an interim stay order of
the warrant of arrest issued by the Ramu District Court on May 31.
Yama had also asked the court for an interim stay on all criminal proceedings
against him and his co-accused in respect of the Manam Restoration Fund pending
the substantive hearing.
“The criminal process has not been completed. It will not be circumvented by
civil procedure in judicial review,” Justice Miviri said.
He said the evidence did not support that it was “peculiar case set out by its
facts circumstances that warrant a temporary stay, let alone a permanent stay
because constitutional provisions do not contradict and contravene one or the
order”.
Justice Miviri ruled that the proceedings filed by Yama was without merit thus
abusing the process, to bring the State to defend the case.
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