24 Apr 2004

PNG Governor-General case goes back to court

5:06 am on 24 April 2004

The former Papua New Guinea Governor General-elect has filed an application in the Supreme Court, to review the decision of the same court which nullified his election on December 4 last year.

The National newspaper reports Sir Pato Kakaraya 's lawyers were due to appear yesterday before a judge for an urgent directional hearing, on the case which they've filed.

They were to seek an order, to defer indefinitely, the sitting of parliament until the appeal is determined.

Parliament is due to sit next Tuesday to elect a new governor general.

Last month the Supreme Court declared Sir Pato's election null and void because proper procedures were not followed.

But after assembling a legal team to study the ruling, Sir Pato was convinced he has a valid case which prompted his lawyers to file the application this week.

He wants a Supreme Court bench comprising 7 or more judges to review the March 31st decision.

Sir Pato's grounds for the review are that the judges for the March 31st decision erred in their findings of fact and law.

He is seeking orders to quash the Supreme Court decision and declaration that his nomination and appointment was correct and valid and he was entitled to hold the vice-regal office.