Judge says Attorney-General had not understood court order

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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.

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