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PNG leaders face arrest
The Australian - November 12, 2011
Police were searching for Acting Prime Minister Belden Namah and Attorney-General Allan Marat last night, but they were believed to have left Port Moresby.
The chaos erupted as Prime Minister Peter O'Neill, who was elected by the parliament on August 2, was in Hawaii for the Asia Pacific Economic Co-operation summit. He succeeded PNG's founding father, Michael Somare, 76, who had been receiving medical treatment in Singapore.
The provincial government of East Sepik, the area represented by Sir Michael in parliament for 43 years, launched a legal appeal claiming the election of Mr O'Neill was unconstitutional because the position of prime minister was not vacant as Sir Michael had not resigned or been proven unable to rule.
The minister responsible for provincial governments, Mark Maipakai, then directed East Sepik Governor Peter Wararu to appear before him to explain why he had taken the matter to the court, and threatening to suspend the provincial government if it did not withdraw the action.
Legal experts expressed concern that this move appeared to place the government in contempt of court. But the Supreme Court refrained from stepping in.
A panel of five judges, led by Chief Justice Salamo Injia, was due to rule on December 9 on the major issue underlying the standoff between the government and the courts – the constitutionality of the election of Mr O'Neill's government.
Former chief justice Arnold Amet – now an MP, who was attorney-general under Sir Michael – warned a week ago that plans were under way for the government to remove Sir Salamo in advance of the ruling.
Six days later, a cabinet meeting chaired by Mr Namah decided to suspend Sir Salamo over allegations dating back two years.
They include issues relating to the estate of a deceased judge, the management of court finances, and housing entitlements. The suspension delays the ruling on the core case over the constitutionality of the government.
The PNG Law Society said the "outrageous" move spearheaded by Mr Namah was "aimed to sabotage, disrupt and derail" the key case before the bench.
Sir Michael said: "Because due processes have not been followed, I doubt if any fair-minded citizen would believe the cabinet accusation that Sir Salamo has been guilty of any wrongdoing." Mr Namah replied that "no one in this country is above the law".
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