Judge maintains order to stop arrest of former PM Peter O’Neill

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Judge maintains order to stop arrest of former PM Peter O’Neill

PORT MORESBY: Judge and Supreme Court Justice Nicholas Miviri says orders he made in October 2019 to stay the arrest warrant for former prime minister Peter O’Neill were independent and based on facts and figures.

“The integrity of the decisions made by judges of the National and Supreme Courts should never be questioned or tarnished in any way,” he added.

Justice Miviri was testifying in the Leadership Tribunal looking into 13 allegations against suspended Madang MP Bryan Kramer.

Three of the allegations relate to social media publications by Kramer when he was police minister, purportedly scandalizing the judiciary, namely the conduct of Chief Justice Sir Gibbs Salika, by suggesting “a conflict of interest”.

The tribunal proceedings were reported by The National:

Judge stands by his orders

November 16, 2022The NationalMain Stories

By CLARISSA MOI
NATIONAL Court and Supreme Court Judge Nicholas Miviri says orders he made in October, 2019, to stay the arrest warrant for former prime minister Peter O’Neill, were independent and based on facts and figures.
“The integrity of the decisions made by judges of the national and supreme courts should never be questioned or tarnished in any way,” he said.
Miviri testified as a State witness in a Leadership Tribunal looking into 13 allegations against suspended Madang MP Bryan Kramer.
Three of the allegations relate to social media publications by Kramer when he was the police minister, purportedly scandalising the judiciary, namely the conduct of Chief Justice Sir Gibbs Salika, by suggesting “a conflict of interest”.
Kramer was alleged to have also published materials scandalising the judiciary and accusing O’Neill and his lawyers of filing a fake warrant of arrest to deceive and mislead the court in 2019.
The tribunal chaired by Judge Lawrence Kangwia and assisted by magistrates Josephine Nidue and Edward Komia, was told yesterday that on Oct 16, 2019, Sir Gibbs directed Miviri to deal with O’Neill’s warrant of arrest (case).
Public Prosecutor Pondros Kaluwin asked Miviri whether he had made some notations for that matter.
Miviri said his notations were for the matter to be heard on Oct 21, 2019, to give allowance for three clear days to lawyers to effect service. He said that he then called the matter to be heard on Oct 16, 2019 at 4pm.
Kaluwin asked what the chamber directions made by Sir Gibbs meant to Miviri.
“It meant that the matter was urgent,” Miviri said.
“I heard the matter and made an independent judgment as a judge of the National and Supreme Court without fear or favour based on facts and figures that were before me.”
Kramer’s lawyer Miglshi Giruakonda asked Miviri whether he was aware of a letter with the same contents sent to Sir Gibbs’ associate.
Miviri replied that he was only made aware when he received the letter from Sir Gibbs with the footnote to deal with the matter.
He added that he did not communicate with Sir Gibbs after that, and after a decision was made.
“As a judge of the National and Supreme Court, I fear no one except God,” he said.
“The facts and figures spoke for themselves, I was not swayed.”
Giruakonda asked Miviri if after the directions from Sir Gibbs, he proceeded to hearing the matter and issued a temporary stay until Oct 21, 2019.
And when that stay was issued, O’Neill was not arrested.
Miviri replied that it was the consequences of those orders.
On Monday, Sir Gibbs told the tribunal that he had given chamber directions to Mirivi to deal with the matter which sought an interim order ex-parte.
Sir Gibbs added that Miviri had exercised his judiciary powers to grant those orders as he saw fit.
“Justice Miviri is one of the judges in the judicial review track and I instructed him to deal with the matter. There were no instructions to deal it in a particular manner.”