Former MP for Madang Open and anti-corruption campaigner Bryan Kramer has filed a Supreme Court appeal against a National Court ruling dismissing his application for leave to review a Leadership Tribunal’s decision to dismiss him from office.

His appeal to the Supreme Court follows the refusal of a leave to review application in the National Court presided by Justice John Carey on August 18.

Kramer said in a statement that he had filed an application on the 23 May 2023 in the National Court to review the decision of the Leadership Tribunal.

He later withdrew this and refiled on June 30.

The refiled application raised nine primary grounds, including breach of natural justice, procedural unfairness, apprehension of bias in being denied a fair hearing, unreasonableness and being oppressive and harsh and not “reasonably justifiable in a democratic society”.

After waiting almost three months for a judge to hear his leave application, the matter was listed before Justice John Carey on August 18. However, straight after hearing detailed submission from counsels, Justice Carey delivered an oral judgement refusing Kramer’s application.

Justice Carey ruled that Kramer had not satisfied all the requirements, in particular an arguable case

Further nine grounds
Kramer is now appealing the judge’s ruling on a further nine grounds that include an allegation that the judge had failed to properly deliver a reasoned judicial decision.

He will submit that the judge had erred in directing Kramer’s counsel to narrow his submissions to the ground of apprehension of bias to the exclusion of the issues raised in the eight other grounds.

Further, the judge had failed to consider specific matters raised in each of nine grounds.

The judge had delivered two judgments, the first oral and the second published without indicating to parties, and that was altered and expounded on the reasons in the oral judgement.

He was dismissed in May this year by a a Leadership Tribunal comprising Justice Lawrence Kangwia and senior Magistrates Josephine Nidue and Edward Komia.

The Tribunal found him guilty on seven of thirteen allegations of misconduct in office

Five of the seven misconduct charges were in relation to decisions concerning the Madang District Development Authority (DDA) that he had failed to comply with legislative administrative requirements, and the misapplication of district funds to which they could not be lawfully applied.

Facebook publications
The remaining two misconduct charges were in relation to his Facebook publications that were found to have “scandalised the judiciary”.

The background of the two charges of him scandalising the judiciary were that in October 2019 he had published a three-part series of articles on Facebook concerning an arrest warrant against former Prime Minister Peter O’Neill.

The first charge was over part of his publication insinuating a conflict of interest by Chief Justice Sir Gibbs Salika in publishing the words “a relevant matter to note is that the Chief Justice was only recently appointed by O’Neill late last year”.

The second charge was over publishing the words “What was not anticipated was that O’Neill and his lawyers would solicit the assistance from the Chief Justice and desperate enough to submit fabricated documents to mislead the court that the warrant was defective as a means to obtain a stay order”.

The Tribunal had recommended by majority that Kramer pay a fine of K2000 (about NZ$922) for each for the five charges in relation to the Madang District Development Authority as they were decisions made by the DDA Board and not Kramer alone.

However, it recommended unanimously for his dismissal from office in relation to his Facebook publications in scandalising the judiciary.

Pacific Media Watch reports that in a profile by The Guardian in 2019, Bryan Kramer — BK as he is known — was described as a “rising star in PNG politics” and as an anti-corruption campaigner who was instrumental in bringing to light the UBS scandal that helped to bring down former Prime Minister Peter O’Neill’s leadership.

Republished from the PNG Post-Courier with permission.

Article by AsiaPacificReport.nz

Suva lawyer Richard Naidu is a free man after the Suva High Court ruled this week that no conviction be recorded against him.

High Court judge Justice Daniel Goundar ruled on Tuesday that the charge of contempt scandalising the court against Naidu be dismissed.

He said summons to set aside the judgment that had found Naidu guilty in November last year was by consent and was dismissed as he did not have jurisdiction.

Justice Gounder ordered the parties to bear their own costs.

While delivering his judgment, Justice Gounder said while mitigation and sentencing were pending, a new government had come into power and a new Attorney-General had been appointed.

He said that after the change of government [FijiFirst lost the general election last December], Justice Jude Nanayakkara, who had been previously presiding over the case, had resigned as a Fiji judge and left the jurisdiction without concluding proceedings.

Justice Gounder said the new Attorney-General, Siromi Turaga had taken a different position regarding the proceedings, which he had expressed in an affidavit filed in support of the summons to dismiss the proceedings.

Ruling set aside
Turaga stated that his view was that the proceedings should never have been instituted against Naidu in the first place.

In the affidavit, Turaga said he had conveyed to Naidu that his view was that the ruling of 22 November 2022 ought to be set aside and the proceedings dismissed.

He added that Naidu had confirmed he would not seek to recover any costs he had incurred in defending the proceedings.

Justice Gounder said the Attorney-General played an important function as the guardian of public interest in contempt proceedings which alleged conduct scandalising the court.

Lawyer Richard Naidu’s conviction ruled not to be recorded and the charge of contempt dismissed. Video: Fijivillage.com

He said the position of the Attorney-General had shifted and he was not seeking an order of committal against Naidu.

The judge said Turaga dkid not support the findings that Naidu was guilty of contempt scandalising the court.

He said it had not been suggested that the present Attorney-General was acting unfairly as the representative of public interest in consenting to an order setting aside the judgement.

Facebook posting
Naidu was found guilty in November last year by High Court judge Justice Jude Nanayakkara for contempt scandalising the court.

Naidu posted on his Facebook page a picture of a judgment in a case represented by his associate that had the word “injunction” misspelt [as “injection”], and then made some comments that he was pretty sure the applicant wanted an injunction.

The committal proceeding was brought against Naidu by the then Attorney-General, Aiyaz Sayed-Khaiyum.

Naidu was represented by Jon Apted while Feizal Haniff represented the Attorney-General.

Rashika Kumar is a Fijivillage reporter. Republished with permission.

Article by AsiaPacificReport.nz

Papua New Guinea’s Governor-General, Sir Bob Dadae, has formally dismissed former cabinet minister Brian Kramer as a Member of Parliament representing the people of Madang.

On Wednesday, the Governor-General, who was out on duty travel when the Leadership Tribunal made its recommendation of dismissal and fines, penned the final instrument officially signaling his dismissal as a leader covered under the leadership code.

Kramer, a former police and justice minister, was contacted but as of 6pm there was no response. He was reported to be seeking options.

Kramer had said after the Leadership Tribunal’s ruling in April that he would be seeking a judicial review on the tribunal’s decision.

The Post-Courier is aware that he has filed an originating summons in the judicial review track to challenge the decision of the tribunal.

The Judicial Review track deals with the review of decisions made by public authorities, the lower courts or quasi-judicial bodies. It is started by way of originating summons but it is treated differently to other civil proceedings due to its special nature with a need for speedy disposal.

It also differs in that leave for judicial review must first be granted prior to any other orders sought in the originating summons by the plaintiff.

Failure in obtaining the leave by meeting the strict requirements renders the proceedings dismissed.

The Leadership Tribunal comprising, Justice Lawrence Kangwia and senior Magistrates Edward Komia and Josephine Nidue, found Kramer guilty on seven allegations of misconduct in office.

In their decision on penalty they recommended to the Governor-General for Kramer to be dismissed from office for “scandalising the judiciary” and to pay a fine of K2000 each for five allegations for a total of K10,000 (NZ$4700) to be paid within one week.

Meanwhile, when asked by reporters yesterday, Prime Minister James Marape said his office had not officially received formal advice on Kramer’s dismissal.

Marape said he could not comment.

Todagia Kelola is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz