The jurisdictional issue raised by Namah relates to the validity of the appointment of the tribunal members by Chief Justice Sir Salamo Injia on Oct 9.
Justice Goodwin Poole and senior magistrates Mark Selefkariu and Ernest Wilmot are the tribunal members.
Namah’s lawyer Greg Sheppard appeared before Justice David Cannings in Waigani yesterday and said a party could come to the same court with new grounds to seek an interim injunction.
This included Sheppard giving to the court a copy of transcript of tribunal proceedings dated Oct 26 and Oct 27.
According to Sheppard the tribunal said it could not hear his application raising jurisdictional issues regarding its appointment by the Chief Justice because it had not received the referral yet from counsel assisting the tribunal.
The counsel assisting the tribunal is Public Prosecutor Pondros Kaluwin.
He said it was a matter of constitutional importance that needed to be determined by the Supreme Court before the tribunal convenes.
Lawyer Laias Kandi representing the first and second defendants, the tribunal members and the Public Prosecutor, opposed Namah’s application.
Kandi said this was the same application which was refused by the court earlier but it was done under the guise of joining Sir Salamo as the fourth defendant in the proceedings.
Lawyer Michael Efi, representing the third defendant, the Ombudsman Commission, adopted Kandi’s submissions. The court will give its ruling on Friday at 9am. The National