Supreme Court halts Toropo’s bid to return as army chief

News that matter in Papua New Guinea

Gilbert ToropoMark Goina

Supreme Court halts Toropo’s bid to return as army chief

PORT MORESBY: The appointment of Major-General Mark Goina as Papua New Guinea’s army chief remains, Solicitor-General Tauvasa Tanuvasa says.

This follows a Supreme Court ruling on Wednesday (Jan 5, 2022), lifting a stay order granted by the National Court last month to ousted commander Gilbert Toropo.

An update on Toropo’s legal challenge with the Government was published by The National:

Appointment of Goina as PNGDF boss remains: Tanuvasa

January 7, 2022The NationalMain Stories

THE appointment of Major-General Mark Goina as the Defence Force commander remains, says Solicitor-General Tauvasa Tanuvasa.
This follows a Supreme Court ruling on Wednesday which lifted a stay order granted by the National Court last month to ousted commander Gilbert Toropo.
Goina was appointed on Dec 15 by the National Executive Council to replace Toropo.
Tanuvasa said the conflict over the military commander’s positions could lead to disputes between the members of the military and instigate civil arrest.
“The issues surrounding the PNGDF is now put to rest,” Tanuvasa said.
“It has been a combined effort to avert a situation which could (lead to) potential division within the PNGDF and lead to civil unrest,” he said.
Goina said Toropo would be accorded the departure protocol he was entitled to.
“I am now legally entitled by the NEC appointment and have the liberty to discharge the functions of commander PNGDF,” Goina said.
“I was given the immediate tasks of restoring the discipline, capability and operational effectiveness of the force, advancing the PNGDF’s contribution to nation-building, re-establishing regional balance across our organisations, and ensuring the force is ready to support the (police) in providing a free and fair environment for this year’s elections.”

State, Toropo to defend case

January 6, 2022The NationalMain Stories

By BEVERLY PETER
THE Supreme Court has given the State and ousted Defence Force commander Gilbert Toropo 21 days to argue their cases over the revocation of his appointment on Dec 15.
Justice Derek Hartshorne yesterday granted an appeal filed by Solicitor-General Tauvasa Tanuvasa to dismiss the stay order and a leave for judicial review regarding the revocation of Toropo’s appointment granted by National Court acting judge Justice Emma Wurr on Dec 31. Tanuvasa argued that the State was unaware and not informed of that National Court case filed by Toropo’s lawyer.
Toropo’s appointment was revoked by the National Executive Council on Dec 15 because he would be due for retirement by the middle of this year.
He was replaced by Major-General Mark Goina.
But Toropo challenged the decision in the National Court saying he should have given an opportunity by Cabinet to have a say in the matter.
Tanuvasa told Justice Hartshorne that the leave to appeal should be granted because Toropo and his lawyer should have informed the State of the case they were filing.
Justice Hartshorne granted the application for leave to appeal and gave the two parties 21 days to file their submissions in court on the revocation of appointment.
“The interest of the people and the defence force of the country outweighs the interest of the individual,” he said.
Justice Hartshorne ruled that the stay order granted by the National Court on Dec 31 for Toropo to remain in his position be lifted.
It means Maj-Gen Goina stays as military commander.
Tauvasa said the situation should bring back normalcy to the defence force and the country.
“Now that the stay order is ineffective, we will ensure that there is a proper court order so that we can have it served to Toropo within the 21 days given,” he said.
“We have to be comply with the direction that was given in court to proceed with the case.”

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