Home > Corruption, Papua New Guinea > Paraka Fails To Stop Court Proceedings [again!]

Paraka Fails To Stop Court Proceedings [again!]

December 20, 2017 Leave a comment Go to comments

Lawyer Paul Paraka

See also:
The Paraka scams – K780 million stolen from the people
Top PNG lawyer Paul Paraka arrested over $28m

BY TONY SII, Post Courier

LAWYER Paul Paraka’s bid to stop criminal proceedings against him at the committal court has failed yesterday.

This was after magistrate Cosmas Bidar refused an application by Paraka’s lawyer seeking orders for the court to stay the committal court proceedings in relation to the much-publicised Paul Paraka saga pending hearing and determination of a related matter in the National Court.

The application filed under section 5, 9, and 22 of the District Court Act was described as a delay tactic in advancing the criminal case against Paraka and that the reasons put forward were not convincing Mr Bidar said, adding that section 22 of the Act was misconstrued.

“The application is basically using a civil process to stay criminal proceedings. The practice in my view is improper and it should not be allowed,” he said.

“Just because Paul Paraka, the principal accused in the allegations involving payment of Paul Paraka Lawyers’ legal bills by the Department of Finance, has a judicial review application before the National Court, which to date since filing of the application, no steps have been taken to diligently prosecute that application first of all for seeking leave and secondly the application proper.”

That high court application sought to review the committal court’s decision of April 27.

Mr Bidar said Paraka is facing distinct and separate criminal charges relating to the allegations and that this should proceed through the committal process.

“A committal process has ample and sufficient checks and balance system to protect the accused person’s rights.

“In any event, the committal process is transitory, non-conclusive and tentative process which should be allowed to take its course,” Mr Bidar said.

The matter returns to court on February 13 next year.

Meanwhile, the case on former finance secretary Steven Gibson in relation to the substantive matter was adjourned to February 28 for oral submissions on evidence.

  1. Dr Lawong Balun
    December 22, 2017 at 9:18 am

    If there is sufficient check and balance system in our judiciary. Why is accused party worried let the legal system prove you innocent.

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