On the CHIEF JUDGE

this comment by Cybele Druma, (together with a post by Daniel Hasimani before) MAKES SO MUCH SENSE....

Cybele Druma:

He has an impeccable record and that has not changed after the ruling. The fact that the ruling is sound, shows his integrity in this entire saga. Only people with vested motives want to destroy his credibility. If he was corrupt as some allow themselves to believe, he would have gone to the highest bidder which would be the Onamah team, as they have millions to squander, not to mention the fact that he and his family's security would not have been safe from threat or jeopardy. No money could have bought what duress he suffered nor the malicious damage to his reputation and personal integrity. Had he ruled in favour of O'Namah we wouldn't be having this discussion and basically, we would know for sure he had been bought.

Source: Sharp Talk

What more proof do we need that ONamah have no concern for the RULE OF LAW?

25/05/12 

 

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

What kind of Patriot do you think I Am!?

A senior lawyer for the ONamah gang emailed me on Wed attempting to intimidate me into silence re my comments on fb, twitter and my blog. I've responded to that lawyer giving as good as I got and maybe one better...that lawyer has not responded any of my followup emails which have been ccd to my Secretary. Perhaps caught up in trying to counsel Namah....

You're dealing with a man who loves this country more than his job...and is not afraid to lose something for what he believes in and for his loyalty to the Constitution. I'm not loyal to a clientele like you. I'm loyal to my people. I don't intend to stand aside and let my people believe a well-funded propaganda exercise by rogue politicians and their mercenary lawyers and spin doctors.

It hurts me to see an ill-informed public form ill-informed opinions regarding the rule of law in this country. So I make my comments to give people a side to consider: the side of the Constitution.

Social media and the Internet is all we got. We can't pay for full-page ads nor call a press conference because that spineless press will not come because people like me are so ordinary. Those who can draw the press are either spreading their propaganda or are too spineless to speak the truth.

I hope to God that your consciences will burn as you support a messed-up politician drunk with power and self-righteousness.

I love my country too much to be silent.

God Bless PNG...

Ganjiki


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SCR 1 and 2 of 2012

Some major orders in the Decision given on the 21st (Monday) of May 2012:

 

Order 2: Parliament's decision made on 9 December 2011 to rescind leave of absence granted to Sir Michael Somare for the May meeting is inconsistent with s. 50 of the Constitution, and s. 11, s. 19, s. 155(6) and s. 157 of the Constitution and therefore declared unconstitutional, invalid and of no effect.

 

Order 5: The Election of Peter O'Neil as PM on 12 December 2011 and his subsequent confirmation by Speaker, in his  capacity as Acting Governor-General, on 15 Dec 2011, are inconsistent with s. 142(1) and (2) of the Constitution as interpreted and applied in SCR 3/2011 Ref by ESP Prov Govt, and therefore, declared unconstitutional, invalid and of no effect.

 

Order 6: Governor-General Sir Michael Ogio's actions in recognising Sir Michael Somare as the Prime Minister in compliance with the decision of the Supreme Court in SCR No. 3 of 2011 is constitutionally valid and effective for all intention purposes. Governor-General's other actions in retracting that action and recognising the re-appointment of Peter O'Neil as Prime Minister are inconsistent with the Constitution, s. 11, s.19 and s. 155(6) of the Constitutional, and therefore are unconstitutional and invalid.

 

Order 7: That at all material times, Sir Michael Somare was and is the member for the East Sepik Provincial seat; and, the legitimate Prime Minister of Papua New Guinea until the writs for the 2012 National elections are returned and a new PM is elected in the first sitting of the next Parliament pursuant to s. 142 of the Constitution.

 

Order 9: Pusuant to s. 153(4) of the Constittion, and subject to the Constitution generally, the bona fide decisions and actions made and implemented by the de facto government of Peter O'Neil as Primine Minister and any of those ministers appointed by him, between 2 August 2011 and 20 May 2012, are valid and effective.

 

Order 10: Pursuant to s. 11, 19 (2), and s. 155(6) of the Constitution, it is the duty of all persons, including the Governor-General, and the Speaker of Parliament and all other members of the Exective government officers, bodies and agencies, are under duty, so far as within their respective lawful powers; to gve full effect to an comply with the binding opinions and orders issued by this court in SCR No. 1 and 2 of 2012.

 

---

 

Now before we start shooting our judges let's check the soundness of the decision in light of the Constitution. We ALL agree that the Constitution is SUPREME right?

 

Tokaut Tokstret

 

 

--

Ganjiki

"INSPIRING PASSION"

 

http://ppngtokauttokstret.blogspot.com/ 

A Birthday Prayer

By GDW

(penned this on my birthday but didn't post it. Never too late!)

Dear Lord.

For April 17 onwards I ask for no more twists in my country. If You would kindly convict us and our leaders of our wrongdoings, and humble us so we can accept the course of the law, and submit to the rule of law (which originates in YOU), I'd love that.

Give strength, courage and wisdom to those who make a stand for righteousness and justice. Protect the citizens of this country...from enemies foreign and domestic. Convict the policeman who's loyalty to the Constitution may have been drowned by a temporary delight supplied by a selfish master. The last thing we need is ruthless men in uniforms...fully armed. Help us to have the good sense not to fight among ourselves, so that we can discern the real enemy and defeat it.

I'd also appreciate it if You would restore this nation's sense of direction. We're becoming terribly lost as our leaders seem so lost and drunk with the toxins of power and greed; not knowing where to take us. I remember Jesus rejecting an offer of power over all nations, from the devil. I wish my leaders had a fraction of Jesus' courage and dignity. Is that too much to ask? Raise those kinds for this country. Perhaps we fit Jesus' description of the lost Jewish people in His day, we "are like sheep without a shepherd". But You are the Good Shepherd, please find us and guide us home.

I have a clue that the type of leaders you allow are a reflection of either the sinfulness or the righteousness of the people. Maybe WE THE PEOPLE need to change eh? Yes, Help us.

Thank you for the gift of life, family, friends, my woman and a great country. I really don't need anything else. Above all I have You. But there's people out there who don't know you and it would be great if You'd find a way to make them turn to You.

Help the Church to point them to You.

Speaking of the Church please wake us up. Help us see how we can better serve this world/nation with Your Word and with Godly wisdom. Help us to pray and give us some motivation for it. Help the church leaders provide the leadership that this nation so desperately longs for. Unite the Church.

Help the Fathers of the multitude of homes to lead their families well. Increase faithful, loving fathers to impact our nation through the citizens that they house in their homes. As you know stats show that "fatherless" homes produce wayward children and bad citizenry, so help fathers lead well. Thanks for the Amazing Grace on families that are fatherless yet have great children. Bless and strengthen the single mothers who work tirelessly and prayerfully for them.

There's so much that's wrong about our country. But there's also so much that's going right. I ask that the good and the right would significantly overcome the wrong and the bad. I'm sure if WE THE PEOPLE helped out it would make your job a bit easier.

Bless and keep our country from chaos and bloodshed. And may we not become slaves in our own land...

God Bless PNG

Ganjiki


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The Unconstitutional Blame Game

People blame the Supreme Court, by ordering that Sir Mike "is restored forthwith", for this Constitutional mess. I disagree...

Apart from being concerned about the Constitution, as a officer of the court, I believe it's my duty to correct a negative perception towards the court, which has unfortunately been expounded by fellow officers of the court...

You see folks, SC has a duty to the dispensation of justice and to provide clarity where there is obviously an area of uncertainty. And to avoid confusion.

Let me ask us all this: WHAT IF SC HAD NOT MADE SUCH AN ORDER? Would we still have this fiasco?? My answer:

YES!!!

You see if SC said "no vacancy" and left it there. ALL PARTIES will say... "NOW WHAT??"

Then Tiff and co would advise ONamah while Kua and co would advise Team Somare on next moves...thus ordinary lawyers would play "higher court" in interpreting and applying the decision of the Supreme Court...and the Constitution...

Sir Mike would say "well then I'm still PM!" and would run off to get his cabinet sworn in. ONamah would rush to Parliament to vote ONeil back in, and hold the fort till they get what they want...

Aha! But isn't that EXACTLY what happened?!

You see folks. Read the judgments. Not just the SCR 2011 but previous SCR matters. The court is allowed to make declaratory orders to avoid further confusion (that may arise out of its initial interpretation of the Constitution), in order that justice is done and the nation doesn't get thrown into further chaos. Also that the parties would know what to do about a particular case (I.e if the matter related to a particular case).

So when SC said "no vacancy"; in order to avoid the "now what?" moment, it invoked it's inherent powers to make further declaratory order so that parties know what the SPECIFIC CONSEQUENCE of its ruling is. Ergo, for clarity sake it said "Somare is still the legal PM" (restored forthwith)...a very NATURAL, LEGAL EFFECT of the "no vacancy" order.

Now please don't believe the lies that the Court cannot issue an order for Parliament. That's not what happened in this case. But it has happened before when Sir Paulias' re-election as GG was declared invalid. The Court told Speaker (Acting) to recall parliament ASAP to vote a GG because there was no GG. In giving that order the actual words were "in view of a vacancy". In this case there was no vacancy that required court to send the question back to Parliament to settle. It just declared WHAT IS.

(Please remember it was a DECLARATORY ORDER. Not a substantial order. As in like "I now appoint/re-instate Sir Mike as PM". Which is what current ONamah advocates are saying the court did! It was declaring what the legal effect of the Constitution was in the case before it. Every lawyer (well maybe not every) knows that Constitutional laws speak "from time to time" and are "self-executing". How? Through its letter and application by an authorized person (e.g EC) and, where there's confusion, through the courts when they interpret the law.

So the self-executing Constitution said "Somare is still PM"...savvy? Now it's up to the parties to respect the ruling of the court which is the MOUTH-PIECE of the Constitution at any given time. Especially when there's a major confusion.

If the 2011 SC said "no vacancy" and left it to our own pollies to sort out what comes next, we'd still have EXACTLY THE SAME MESS (starting with ONamah and Somare running in opposite directions)...or worse! And the
Court would have definitely failed us and failed itself.

If it said "no vacancy" and then ordered Parliament to go back to sort it out, it would have contradicted itself, making a mockery of itself. How can you say there was no vacancy (which would mean there STILL ISN'T) but then say "oh but please go ahead and elect someone"...the seat isn't empty! So it can't be refilled!

So it made the most logical and reasonable declaration it could under the Constitution. Obviously, one party didn't like it....

Folks, the rule of law, and justice, demand there law has a certain degree of CERTAINTY to it. That is, it should not be such that ordinary people cannot "TRUST THE LAW". And it must be clearly applied and clearly articulated. Leaving it open to people's own devices is dangerous (as we have only recently witnessed). So the court, as a responsible custodian and dispenser of justice, mandated by the People of PNG through the Constitution, tried to prevent such uncertainty with an explicit order as to who is the proper Constitutionally-correct PM...

You see folks the reason we're in this mess is that ONamah REFUSED to SUBMIT to the NATURAL effect of the Constitution (as interpreted by the SC).

NOT because SC "appointed" or "reinstated" Somare. Coz it didn't! It ensured there was a clear outcome to it's decision.

IT'S NOT THE COURT'S FAULT WE'RE IN THIS MESS...it's people's egos...

Luv ya

Tokaut tokstret...

(PS: I'll try deal with those retrospective laws, including withdrawing the leave grant, later)


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Take Heart PNG

Evil schemers beware:

"Psalm 64:1-10 (NIV)
Hear me, O God, as I voice my complaint; protect my life from the threat of the enemy. [2] Hide me from the conspiracy of the wicked, from that noisy crowd of evildoers. [3] They sharpen their tongues like swords and aim their words like deadly arrows. [4] They shoot from ambush at the innocent man; they shoot at him suddenly, without fear. [5] They encourage each other in evil plans, they talk about hiding their snares; they say, "Who will see them ?" [6] They plot injustice and say, "We have devised a perfect plan!" Surely the mind and heart of man are cunning. [7] But God will shoot them with arrows; suddenly they will be struck down. [8] He will turn their own tongues against them and bring them to ruin; all who see them will shake their heads in scorn. [9] All mankind will fear; they will proclaim the works of God and ponder what he has done. [10] Let the righteous rejoice in the Lord and take refuge in him; let all the upright in heart praise him!"

Heavenise day bookworms!

G

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