Opposition Leader, Douglas Tomuriesa is confident that the high court will rule in his favor, allowing his Supreme Court case to proceed to substantive issues.
Tumuriesa stated this at the courthouse in Waigani on Tuesday, June 18, after his case was further adjourned to Thursday, June 27th.
Outside the courtroom, Tomuriesa, accompanied by Deputy Opposition Leader James Nomane, Menyamya MP Solan Loifa, Ijivitari MP David Arore, North Fly MP James Donald, and Middle Fly MP Maso Hewabi, expressed their commitment to the legal battle.
He was referring to whether the Supreme Court will find he has legal standing to bring in the Opposition’s application to seek clarification on the rules and processes involved in the vote of no confidence (VONC) motion.
Tomuriesa emphasized the importance of the case, stating, “The vote of no-confidence is an important national issue, and it is important that we as leaders from the opposing side take our views to court for the courts to make a decision.”
“I look forward to next Thursday, and when we return, the courts will likewise make a decision in our favor that I do have standing, and so this case can move forward to substantive issues, substantive matters to be had. And so, yeah, we are glad.”
“In past cases, the opposition leaders who have taken the case of violence out of no confidence to the courts, the courts have actually agreed that the opposition leader has got standing,” Tomuriesa remarked.
The Opposition leader also thanked the public for their support and urged patience and respect for the judicial process.
“I want to thank the deputy opposition leader, the members of the opposition, the members of parliament from the opposition who have attended this case to give our support to our legal counsel. And I want to thank Young and William Lawyers, our legal counsel, for representing us this morning (Tuesday).”
Tomuriesa further called for calm as the case progresses, highlighting their determination to hold the government accountable and address what they view as ‘poor leadership’.
“I want to appeal to the people of Papua New Guinea that the case is still at its early stages, and I appeal to you all to stay calm, remain calm.”
“We are law-abiding people, citizens of this country, and I would like to see this case come to a quick settlement so that we can, so parliament can be recalled and have this agenda dealt with and an issue can be made on the floor of parliament.”
The application was first heard on Thursday, June 13th by Justice Derek Hartshorn, who adjourned the case to Tuesday, June 18th, with directions for the Speaker of Parliament, Job Pomat, and the Attorney-General, Pila Niningi, who is the Justice Minister, to file their applications to join the proceedings as ‘interveners’.
Counsel on recording for the Opposition Leader, Philip Tabuchi from Young and William’s Lawyers, spoke with PNG HAUSBUNG after those directions were made, describing the short hearing as the court dealing with ‘procedural matters’.
“Yeah, so because the speaker and the attorney general are going to be interested, or we’ve named them as interested parties, the court has directed that they file and serve their applications to intervene in the case by this Friday (June 14th), and then those applications will come back to court for hearing next week, Tuesday (June 18th).”
“That’s just basic standard procedural methods that the court has turned its mind to in this case.”
“They’re not automatic parties, so they have to file to justify why they should be joined to the case. That’s why they have to file those applications.” Tabuchi explained, while Sina-Sina-Yongumugl MP Kerenga Kua, who had attended, stood nearby.
On Tuesday, June 18th, the applications to intervene were heard by Justice Hartshorn, and granted after counsels for both the Speaker and the Attorney-General justified to the court the reasons why they be allowed to join as interested parties.
In an affidavit, the Speaker deposed to the circumstances surrounding the motion and his role, as he, as Parliament Speaker, is responsible for conducting the proceedings in Parliament.
He stated that in light of the legal request for the Supreme Court to interpret the rules and processes of the VONC motion sought in the applicant’s reliefs, it relates to the conduct and processes involving the Private Business Committee, of which he is the Chairman.
As for the Attorney-General, his legal counsel on record, Dane Mel, referred to the A-G’s affidavit, in which he stated that he as the A-G is the principal legal advisor to the National Executive Council, thus he has a direct interest to intervene due to the interpretation of the subject matter and its relevant laws.
Satisfied that they both have a substantive interest in joining, Justice Hartshorn granted their applications as interveners with no objections from the Opposition’s lawyer.
Subsequently, consented directional orders now are for all parties to file extracts of their submissions on whether or not the Opposition Leader has the legal standing to raise such an application for interpretation from the Supreme Court.
If successful, the substantive matter will then be set down for a hearing, and as Opposition Leader Tomuriesa is hopeful, it can result in parliament recalled to deal with the VONC issue once and for all.
The outcome of this case could have significant implications for Papua New Guinea’s governance and the future of its leadership, as the Opposition’s challenge is a potential reshaping of the current political landscape.