Court: Somare of sound mind

Source:
The National -Thursday, October 20th 2011

By SAMUEL RAITANO
THE Supreme Court has ruled that Grand Chief Sir Michael Somare had not, “at any material time, been of unsound mind and is not of unsound mind”.
Justice David Cannings, sitting as a single Supreme Court judge, also ruled that the East Sepik provincial executive council had authorised the reference invoked under section 19 of the Constitution.
The findings by Cannings will be used by the five-man bench hearing the constitutionality of the appointment of Peter O’Neill as prime minister.
The full hearing starts on Monday.
Cannings was directed by a five-judge bench to hear evidence concerning 47 disputed facts in regard to the ESP special Supreme Court reference.
The issues of the facts related to the following:
lSir Michael’s leadership tribunal proceedings of March 2011;
lMeetings of parliament in 2011;
lSir Michael’s absence from the parliament in 2011;
lSteps taken by the NEC regarding Sir Michael’s absence and health;
lEvents of Aug 2, 2011, relating to the appointment of Peter O’Neill as prime minister;
lEvents of Sept 6, 2011, relating to a declaration of a vacancy in the East Sepik provincial seat;
lMedia reports of events relating to the reference;
lSir Michael’s medical treatment and his unsoundness of mind; and
lDecisions and resolutions of the referrer, the East Sepik provincial executive council.
Cannings found that during the course of hearing evidence, many of the issues turned out to be irrelevant.
He said seven of the nine categories of disputed issues of fact had been proven on evidence to be largely uncontentious.
Two categories that remained in dispute and gave rise to what appeared to be the most relevant questions of fact were:
lThe authorisation of the reference by the East Sepik executive council; and
lWhether Sir Michael had been, at any time, of unsound mind.
Cannings found that the East Sepik executive council had authorised the reference and Sir Michael had not been and is not of unsound mind.
It was understood that the referrer and parties aligned with it have 14 evidences of witnesses.
Nine witnesses had been cross-examined last week while five had not been available in court.
The five included medical experts from Raffles Hospital in Singapore.
The first intervener, Attorney-General Dr Allan Marat, and parties aligned with him, had the evidence of nine witnesses, two of whom were cross-examined for claiming that Sir Michael had missed three consecutive sittings of parliament, and that an opinion by a clinical neuropsychologist purporting that he (Sir Michael) suffered irreversible brain damage.
Seven did not appear for cross-examination in court but had their
affidavits taken as evidence.
In addition, the constitutional interpretations on the disqualification of Sir Michael as member for East Sepik will be considered by the full bench.