Home > Corruption, Papua New Guinea > Paul Paraka’s latest attempt to avoid justice…

Paul Paraka’s latest attempt to avoid justice…

Law firm challenges Sweep Team’s role

 

Source – Post Courier

THE Waigani National Court will decide on Thursday whether to hear several applications by Paul Paraka Lawyers to stop the Task Force Sweep team from carrying out investigations into the law firm.

Lawyer assisting the law firm, Ian Molloy, yesterday made submissions in court questioning the conduct of the Sweep Team and the manner in which it had operated since it was established.

Mr Molloy submitted that the conduct of the Sweep Team could be unlawful and contrary to its purposes, as it has been interfering with the work of police and other statutory bodies.

He submitted that the Sweep Team was not set up through the formal legislation process but through a decision by the National Executive Council.

Mr Molloy submitted Sweep Team chairman Sam Koim had been leading and giving directions to police officers and interfering with the work of police.

“We say the actions of Mr Koim as someone giving directions from outside the police force is unlawful as his office is not established through due legislative processes,” Mr Molloy said in court.

“We are not challenging the decision of the National Executive Council to set up the Task Force Sweep but we are questioning the manner the organisation has been operating.”

He told the court the conduct of the Sweep team was questionable and the court should allow the case to proceed to substantive hearing.

Lawyer for the Sweep Team, Moses Murray argued that the application by the law firm should be dismissed for abuse of process as the mode of proceeding taken was not correct.

Mr Murray submitted that the matter should have been brought to court by way of judicial review and not as originating summons.

He said the National Executive Council appointed Sweep team to fight corruption in the country, and explained that the team is a multi-organisation, comprising professionals from various organisations who are engaged to carry out investigations in the fight against corruption in the country.

“How could they (law firm) say that they agree with the executive council’s decision and then question the work of Mr Koim and his team? Mr Koim is working as per the directives of the executive council and you cannot differentiate the executive council and Mr Koim,” Mr Murray submitted.

“Lawyers are running to court to file a case which is obviously not relevant. They are not using the proper mode of proceedings.” Mr Murray cited various case authorities in his submission and argued that the motion by the law firm was an abuse of the court process and should be dismissed in its entirety.

After hearing the applications, presiding judge Justice Ere Kariko told the parties he would have to properly go through the affidavits and make a ruling on Thursday.

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  1. JUDY
    October 14, 2013 at 10:07 am

    May justice be carried out in this case.

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