PM loses bid to delay reference

Source: The National, 27th October 2011 By SAMUEL RAITANO THE Supreme Court has dismissed an application by Prime Minister Peter O’Neill to stay the East Sepik provincial executive’s special Supreme Court reference. The five-man bench voted 3-2 to proceed with the reference hearing. O’Neill had applied for the stay order on the grounds that the medical records of Sir Michael Somare from the Raffles Hospital in Singapore should be produced in court first, in compliance with the full bench’s order of Sept 27, before the case should proceed. But Chief Justice Sir Salamo Injia, with fellow judges Nicholas Kirriwom and Les Gavara-Nanu, ruled that proceedings should not wait for the medical records from Singapore. Deputy Chief Justice Gibbs Salika and Justice Bernard Sakora differed on that. O’Neill’s lawyer Ma­nuel Varitimos said the court orders for Sir Michael to produce medical reports and “records” were not complied with. It was argued that only medical reports and affidavits from medical practitioners were made available. But Sir Michael’s lawyer Marshal Cooke pointed out that the medical records were the property of the hospital, unless required to be produced by Singapore courts in accordance with the laws of Singapore. That was the policy of the Raffles Hospital, according to an affidavit sworn by the chief executive officer, Peter Lim Hong Haw. Cooke said the application by O’Neill and his group was purported to delve into the jurisdictions of another country, a move designed to stall the reference hearing for an indefinite time, given the likely legal complications to be encountered. Lawyer for the referrer (ESP executives) Ian Molloy also pointed out that the reference was brought by his client specifically for the constitutional interpretations of the events of Aug 2 rela­ting to the vacancy of the prime minister’s post. The Ombudsman Com­mission, through its lawyer Virgil Narokobi, told the court that given it was an undisputed fact that Sir Michael was found to be incapable of carrying out the duties and responsibilities of the prime minister, it was only appropriate that the reference continue uninterrupted. The special reference is expected to be heard today.