Court intervenes in chaos, confusion at DAL

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Supreme Court Judge Justice Derek Hartshorn. Photo: supplied

By CYRIL GARE

THE Waigani Supreme Court has intervened to end the chaos and confusion at Department of Agriculture and Livestock (DAL). 

A single man bench presided by Justice Derek Hartshorn on Friday afternoon ruled in favour of State lawyer, Kevin Kipongi who had sought to stay a National Court Order of Sep 3, 2021 which was wrongly interpreted hence, chaos and confusion at DAL. 

“I am satisfied that there is an arguable case in the application (by State) seeking orders to stay the (National Court) Orders of Sep 3, 2021. 

“In the favour of public interest, the order sought is granted,” Justice Hartshorn ruled at about 4:05pm.

This means Stephen Mombi remains free to function as acting DAL Secretary for the “balance of convenience” and to take charge of investigations into allegations of official corruption, misappropriation and conspiracy laid by police against suspended DAL Secretary, Daniel Kombuk. 

Acting on advice of Greg Sheppard, Lawyer acting for Kombuk, the suspended DAL secretary had gone to office last Friday to resume duty. 

It was ‘sweet and bitter’ scenario waiting. Members of the Police Special Investigation Division under the Crimes Directorate were already there waiting with Kombuk’s Warrant of Arrest.

He was apprehended, taken in for questioning and later charged with official corruption, misappropriation and conspiracy. 

Kombuk was also served with a further suspension letter from the Minister for DAL, John Simon and on K2,000 bail. 

Kombuk had then changed lawyers. Jason Kolo of Kolo Lawyers was acting for him on Friday afternoon arguing that the parties should have gone back to the National Court to seek recourse instead of coming with an appeal to the Supreme Court. 

Justice Hartshorn disagreed saying one cannot return to the same court for recourse.

“I am satisfied there is an arguable case here (before me),” Justice Hartshorn said.