Home > Human rights, Papua New Guinea > Judge’s memo shows extreme bias against O’Neill government

Judge’s memo shows extreme bias against O’Neill government

A memo, purportedly signed by Justice Kirriwom and published on this blog yesterday, if genuine, shows extreme bias exists in certain parts of the judiciary against the government of Peter O’Neill.

All judges are supposed to be political impartial but the memo shows it may be hard for the current government to get a fair hearing in the various cases now before the courts over its removal of the previous Somare regime.

There are also a number of worrying factual errors in the memo. For example, the memo says that Prime Minister  O’Neill has put his own people on the mercy committee so that if he or Namah get charged with contempt they will be pardoned. This would seem to be untrue as the Chairman of the mercy committee is Moses Maladina and he has been the chairman since 2005 when Michael Somare put him there.

The memo also suggests that judges should be above the law and due process. The memo says the Chief Justice should not stand trial on allegations of corruption and should not have to tell his story as part of his defence to the charges as ordinary people do. Instead the memo suggests the judges should just issue a statement and that will be the end of it – where is due process there? Especially as the memo accepts that the CJ made an administrative decision to withhold the money at the centre of the allegations in breach of a court order.

View the memo

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  1. Clancey
    March 14, 2012 at 10:19 am

    Kirriwom’s letter is unfortunately erroneous in that it fails to highlight the fact that the police wanted to act on the complainant’s complaint three years ago but the CJ restrained them from carrying out their constitutional duty. An Administrative decision can not over write a valid court order and the CJ can not be treated any different to the ordinary citizen. Our laws are color blind and cover every body. Too, it was silly for the CJ to try and entertain the blood relatives of the late Justice Hinchcliff because a signed will is absolutely legal and can not be changed even by the CJ or the courts. The will was straight forward. Why try to entertain the blood relatives again? This is a lame excuse from the CJ and his cohorts and any sane judge can not accept this as a valid reason for refusing to pay Sarri in the first place.

    The CJ and his brother judges have now compromised their positions big time. They should all be replaced. Bring in some neutral judges from other Pacific Island nations or even NZ, OZ and UK for say five years until we have our own qualified national judges who can take over.

  2. john ray
    March 14, 2012 at 5:14 pm

    one of the persons appointed on the mercy committe just recenlty was also appointed as the acting secretary of a department by the O’Neil/Namah Governent.

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