Court upholds Daniel Kombuk’s suspension

News that matter in Papua New Guinea

Court upholds Daniel Kombuk’s suspension

PORT MORESBY: The National Court has dismissed suspended Agriculture and Livestock Department secretary Daniel Kombuk’s application to review his suspension for being abuse of the court’s process.

Kombuk’s application challenged the National Executive Council’s July 22 decision to suspend due to a criminal charge of misappropriation against him.

The National reported the court proceedings:

Kombuk’s application dismissed

November 21, 2022The NationalMain Stories

By BEVERLY PETER
THE National Court dismissed an application by suspended Agriculture and Livestock Department (DAL) secretary Daniel Kombuk to review his suspension for being an abuse of the court process.
Kombuk’s application challenged the National Executive Council’s (NEC) July 22 decision to suspend him due to a criminal charge of misappropriation against him.
Judge Nicholas Miviri when dismissing the application at Waigani on Friday said Kombuk’s application disclosed no reasonable course of action and was not proper before the court.
“The evidence before the court shows that an administrative disciplinary process has been set in place which would be completed with the decision now pending in the hands of NEC, who will decide either to lift the suspension or recommend termination.
“It means the suspension is not a final decision in the matter.
“And further, the related criminal proceeding in court is yet to be determined,” Miviri said.
He said Kombuk was innocent until proven guilty but it was a serious allegation to the office he held and hence he was suspended.
Miviri said Kombuk had explained in his response to then DAL minister John Simon’s notice to show cause how he had dealt with the money (K30,000) he was alleged to have misappropriated last year.
Miviri said Kombuk’s application was confused because his submission did not point out a substantive notice of motion that set out the grounds and relief he was seeking.
Miviri said the notice of motion stating the grounds of the appeal was not brought to court’s attention.
“Kombuk’s lawyers never in the submission or argument referred to the notice of motion and that is not enough to argue that this is a judicial review stamping from an administrative decision.
“The argument must have the substantive notice of motion setting out what is pleaded because that would be the jurisdictional basis for the court to draw to make a decision on the facts to give effect to the remedies pleaded,” Miviri added.
He said it was not court’s duty to bring the material on which the case was made out of.

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