These are the "blunders" by ONamah leading to yesterday's "SAD DAY" events.
Words and actions by Belden Namah and the legal implications.
1. 24 hours Warning: Resign or be Arrested for Sedition
A crime is a crime is a crime. It is attached to the person and not the office. Namah betrays an arrogance when he implies through his statement that Arrest is conditional for all alleged crimes. If a crime is alleged lawfully, arrest should not be conditional. The CJ would have to be arrested whether or not he steps down from office. Of course this just shows that the crime of sedition alleged against the CJ is nothing but an attack on the judiciary by ONAMAH to remove anyone who legitimately stands in their way of power.
The actions may amount to malicious prosecution and wrongful arrest if proven to be without legal basis but based on political mileage.
2. To/Re CJ: (source: today's dailies)
a. "You are the most corrupt person in this country."
b. "A man with no integrity"
c. "The CJ is a threat to National Security"
d. "his lack of integrity and judicial bias"
e. "CJ is drunk with power"
Defamation Act...CJ can sue Namah for public statements damaging his reputation.
3. "Now, after the Supreme Court has held that all decisions to day of PM O'Neil and his Cabinet are valid and cannot be subject to challenge..."
Court order is qualified, "all bona fide decisions" are valid. Is the decision to suspend CJ bona fide? In any case Namah and O'Neil have refused to recognise the Court's decision. Is he now picking and choosing parts of the decision to recognise whilst disregarding the substance of it??
4. Directed police officers to arrest the CJ.
The Police are under the Command of the Police Commissioner...
"196. CONTROL OF THE POLICE FORCE.
(1) The Police Force is subject to the control of the National Executive Council through a Minister.
(2) The Minister has no power of command within the Police Force, except to the extent provided for by a Constitutional Law or an Act of the Parliament."
5. When asked what the Millitary is doing there at the Court House, Mr Namah said "They are on callout".
Call out of Military Personnel may only be done by the Head of State in accordance with s. 20 of the Defence Act. There is no evidence of the Head of State issuing a Call Out. If there is please show and tell. In any case proper procedure for a call-out was never followed...of course that is expected from the ONAMAH gang.
20. AID TO CIVIL POWER.
(1) At the request of the appropriate civil authority, the Defence Force, or a part of the Defence Force, may be called out by the Head of State, acting on advice, for prescribed service in aid of the civil power where, in the opinion of the Head of State, acting on advice, a situation threatening national security or the preservation of public order exists such that the intervention of the Defence Force to support the civil power is required.
(2) The Prime Minister shall immediately send a statement of the reason for the call-out under Subsection (1) to the Speaker, for presentation to the Parliament.
(3) If the Parliament is not in session on the date of the call-out under Subsection (1), it shall be summoned to meet within 10 days after that date.
In what way was the arrest of the CJ a threat to national security and how was public order threatened at the court house that justified the false call-out??
6. "The CJ has no power to elect or appoint a PM, which is the sole responsibility of the Parliament".
That power is subject to relevant provisions of the Constitution. Namah thinks that power is boundless. The Supreme Court's decision is an interpretation of the Constitution which is the SUPREME authority in PNG...not the Parliament or the Executive or the Judiciary. The SUPREME COURT DID NOT APPOINT THE PM...IT DECLARED A CONSTITUTIONALLY APPROPRIATE PRIME MINISTER.
Mr. Namah has stooped so low in the events of yesterday. Jamie Maxtone-Maxtone Graham is worse off for endorsing those deplorable actions by Namah and the Mercenary cops and soldiers. Commissioner Kulunga should be ashamed of himself for poor leadership allowing his men to be controlled by a person who has no authority to control them. Thomas Eluh and Peter Guiness are not worthy of that Blue Uniform if they cannot think independently, charging a judge for delivering a valid and sound court judgement, when they should know full well that judges are immune from prosecution when they exercise their judicial powers in court. Good luck to them trying to prosecute the alleged crime...it may come back to haunt them. I'm sure Public Prosecutor will not entertain it if he's worthy of his office.
Where are our values? Do we have any loyalty to anything worthy? Does our word and our oath have any value?
Oh PNG, yumi olsem wanem nau?
Tokaut Tokstret
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