Judge says Attorney-General had not understood court order

News that matter in Papua New Guinea

For image info, go to

https://www.dreamstime.com/photos-images/human-rights.html

Judge says Attorney-General had not understood court order

PORT MORESBY: Justice David Cannings says an affidavid filed by Justice and Attorney-General Department secretary Dr Eric Kwa showed that he (Kwa) had not understood the court’s order.

The judge made the remark in the National Court in Waigani yesterday when a human rights matter filed by Dr Tho Yasauce returned for compliance check.

Justice Cannings also warned the Parole Board members to comply with his court order or be charged with contempt.

Details of the court proceedings were published by The National:

Cannings criticises Kwa

January 28, 2022The NationalMain Stories

By CLARISSA MOI
JUSTICE David Cannings says an affidavit filed by Justice and Attorney-General Department secretary Dr Eric Kwa showed that he (Kwa) had not understood the court’s order.
The judge made the remark in the Waigani National Court yesterday when a human rights matter filed by Dr Theo Yasause returned for compliance check.
Justice Cannings also warned the parole board members to comply with his court order or be charged with contempt.
He had earlier ordered that the chief parole officer and the board chairman to appear in court to sort out the remaining issues regarding compliance with the order.
Yesterday, a representative from the board appeared in court.
“You need to comply with the court order. If you do not understand the order, consult your board’s lawyer,” Justice Cannings said.
The board’s lawyer informed the court that Kwa had filed an affidavit.
Justice Cannings responded and said evidence from the affidavit showed that Kwa had not understood the court’s order.
The board’s lawyer also raised concerns about costs involved with the court orders.
“I am not interested in how much it costs,” Justice Cannings retorted.
“All those have been considered by the court and I have made an order. If that is not complied with by Feb 28, all the members of the board will be charged with contempt of court.
“I do not want to charge anybody with contempt of court.
“I just want the court order to be complied with,” he stressed.
Yasause, from East Sepik’s Yangoru, is serving a 30-year-sentence for the murder of Aquila Emil, a rugby league star, in 2011.
The court on Jan 22 ordered that his date of eligibility for parole was Jan 29 last year.
On Oct 4, 2021, the board refused his application on the grounds that he was not eligible for parole until March 30.
Yasause filed another human rights application seeking a declaration that the board had erred in law and that his right to full protection of the law had been breached.
Last month, Justice Cannings ruled that the board had erred in refusing parole for Yasause.
“Every prisoner has the right under Section 37 of the Constitution to the full protection of the law and this includes the right to know with certainty their date of eligibility for parole and due date of release from custody,” he said.
Justice Cannings then ordered that the board must meet, re-hear and re-determine the application that was refused on Oct 4.
The matter returns to court for compliance check again on March 4.

Comments

Post a Comment

Popular posts from this blog

Sugu Valley tribal war death toll rises to at least 30

Image
News that matters in Papua New Guinea Armed tribal warriors on the move in Sugu Valley. Sugu Valley tribal war death toll rises to at least 30 PORT MORESBY: At least six tribes have been fighting in Sugu Valley (Kagua-Erave, Southern Highlands) since Feb 10, 2019, without any signs of an end and peace. In fact, the death toll has risen to at least 30, up from 11 on May 23, 2019, and the opening of a new battlefront in Sumbura near Poroma with multiple deaths reported in 24 wards. Armed tribal warriors on the march into the forests and jungles. PNG Cyber Monitor had on a May 25, 2019, posting ( https://pngcybermonitor.blogspot.com/2019/05/real-life-rifles-bows-and-arrows-bloody.html Real life rifles, bows and arrows bloody fights in PNG ) highlighted the bloody battle waged by tribal warriors armed with rifles, bows and arrows and knives. PNG Cyber Monitor is again highlighting the plight of the villagers who have been living in fear as reported by The Nationa
Read more

Growing unemployment rate in Papua New Guinea

Image
News that matter in Papua New Guinea Growing unemployment rate in Papua New Guinea (Employment stagnant since 2014) PORT MORESBY: Employment in Papua New Guinea (PNG) has remained stagnant since 2014 with millions of unemployed looking for jobs. The formal job market currently can only accommodate between 400,000 and 500,000, Institute of National Affairs executive director Paul Barker says. “As more young people enter the job market this year after graduating from tertiary institutions and schools, the chances of securing formal employment is slim. “Employment had remained stagnant despite the increase in potential workers coming out of educations institutions,” he added. Read on for more details as published by The National : Hard to get jobs January 27, 2022 The National Main Stories By DALE LUMA MILLIONS of eligible workers around the country are looking for jobs in the formal sector, which currently can
Read more

Sorcery shame for Papua New Guinea in X’mas

Image
News that matter in Papua New Guinea Sorcery tortures and violence are still being practised in Papua New Guinea in this 21st Century digital era. Sorcery shame for Papua New Guinea in X’mas PORT MORESBY: It was international shame for Papua New Guinea (PNG) this Christmas when sorcery reared its ugly head. Six women were stripped, bound to poles and burnt with hot knives as they screamed in pain, watched by an unsympathetic crowd. In a video that has gone viral in the internet, the women were accused of practising sorcery in Southern’s Enga. Police Comm David Manning described the sorcery torture as vile, inhumane, uncivilised, void of any human decency. “Papua New Guinea cannot progress without letting go of these horrific traditional beliefs. We have launched an urgent probe into the incident in Aiya’s Pawayamo village in Kagua-Erave.” The news break was published by The National : Horror torture of women Decem
Read more