The Supreme Court of Papua New Guinea has issued an order staying the National Executive Council’s decision to promote and appoint Commodore Philip Polewara as Chief of Papua New Guinea Defence Force and Colonel Opa Lari Opa as Deputy Commander of the PNGDF, pending the outcome of Major-General Mark Goina’s court case.
In August of 2023, the Prime Minister James Marape suspended Defense Commander Major-General Goina for three months to allow the General Board of Inquiry (GBOI) to investigate a fatal shooting incident involving two servicemen, one soldier and a civilian during a training exercise in Kupiano, Central Province.
The shooting incident happened on July 4th, 2023.
Presiding Judge, Justice David Cannings, issued the court’s orders, under sections 19 and 5(1)(b) of the Supreme Court Act, effectively putting on hold the National Court’s earlier decision from May 14, 2024, in case OS(JR) 177 of 2021, and the associated proceedings.
Key elements of today’s Supreme Court’s ruling include:
- 1. Stay on NEC Decisions: The court stayed the NEC’s decisions published in National Gazette No. G386 on May 24, 2024. This includes the revocation of Major-General Goina’s appointment as Commander and Chief of the PNGDF and his discharge from the rank of Brigadier-General. Additionally, the promotions of Commodore Philip Polewara to Rear-Admiral and Colonel Opa Lari Opa to Brigadier-General, along with their new appointments as Commander and Chief, and Deputy Chief of the PNGDF respectively, are also stayed.
- 2. Restraints on New Appointees: Commodore Philip Polewara is restrained from occupying the office of Commander and Chief of the PNGDF and performing related duties, except in his capacity as Acting Commander under his previous appointment. Similarly, Colonel Opa Lari Opa is restrained from assuming the office of Deputy Chief of the PNGDF and performing associated duties.
- 3. Prohibition on Implementation: The order prohibits all officers, servants, and agents of the NEC and the Attorney-General from taking any steps to implement the NEC’s decision, including conducting hand-over takeover ceremonies.
- 4. Stay on Related Proceedings: The court also stayed National Court proceedings in case OS(JR) 102 of 2023, involving Major-General Goina and Prime Minister James Marape among others, pending further order.
A directions hearing for Goina’s case is scheduled for July 1, 2024, at the Supreme Court before Justice Cannings at 1:30 pm.
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