Reaffirm independence for PNG judges: ABA

29 May 2012, 7:00 pm   -   Source: AAP

The government of Papua New Guinea should reaffirm the independence of the country's judges, the Australian Bar Association says.

The Australian Bar Association has called on the government of Papua New Guinea to reaffirm the independence of the nation's judges, after a second supreme court justice faced court on charges of sedition.

Justice Nicholas Kirriwom made a brief appearance in committal court on Tuesday morning and was read the charges of sedition against him before the hearing was adjourned until July 26.

His immediate superior, Chief Justice Sir Salamo Injia, was arrested in dramatic fashion on Thursday, when a police unit led by Deputy Prime Minister Belden Namah stormed the court in an attempt to arrest him.

Both Injia and Kirriwom were part of a three-man bench who handed down a ruling that Sir Michael Somare is the nation's legitimate PM, and not parliament's choice, Peter O'Neill.

"Recent reports as to the manner and circumstances of the arrest of the Chief Justice of Papua New Guinea, Sir Salamo Injia, on charges of sedition give rise to deep concerns," the Bar Association said in a statement on Thursday.

"It is fundamental to the maintenance of the rule of law that when allegations are made against judicial officers that those allegations are dealt with in a manner that upholds the independence of the judiciary.

"The handling of any such allegations must be, and must be seen to be, in the hands of independent prosecutors as part of a fair and transparent process free from government interference," the statement read.

Deputy Chief Justice Gibbs Salika and Bernard Sakora refused to hand down their decisions on the prime ministership, citing ethical reasons.

Justice Kirriwom is also the alleged author of an email circulated to other judges in February in which the O'Neill government is referred to as illegal.

PNG's ongoing leadership tussle was thrown into fresh disarray on Tuesday when deputy speaker Francis Marus suddenly declared to the chamber the court's decision would be accepted.

However he said Sir Michael could not be reinstated because he had missed three sessions of parliament since January and then threw the prime ministership open.

Mr Namah said at a press conference he would personally nominate Mr O'Neill for the post on Wednesday morning, and challenged the Somare faction to nominate a candidate.

But he insists the courts need to obey the decisions of parliament.

"I maintain the chief justice is sick in his head," he said.

"I have always maintained the chief justice is playing politics.

"Courts have no authority to appoint the prime minister."

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