Alan Robinson v The State [1986] PNGLR 307

• Jurisdiction: Papua New Guinea
• Judge: Kapi DCJ, Amet J, Wilson J
• Judgment Date: 25 November 1986
• Citation: [1986] PNGLR 307
• Court: Supreme Court
• Year: 1986
• Judgement Number: SC326

Full Title: Alan Robinson v The State [1986] PNGLR 307

Supreme Court: Kapi DCJ, Amet J, Wilson J

Judgment Delivered: 25 November 1986

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

ALAN ROBINSON

V

THE STATE

Waigani

Kapi DCJ Amet Wilson JJ

25 November 1986

CONTEMPT — Contempt of court — Practice and procedure — Procedures in Rules of Court to be followed — Need for proper evidence.

CONTEMPT — Contempt of court — Punishment — Fine — Lawyer as contemnor — Sanction precluding appearance until fine paid — Whether valid.

An alleged contempt in connection with proceedings in court should be prosecuted by the State Prosecutor on notice of motion or originating summons with supporting evidence by way of affidavit in accordance with the National Court Rules, O 14, rr 42, 44.

Such proceedings should be listed before a Judge other than the one before whom the alleged contempt occurred.

Where a lawyer is fined for contempt of court quaere whether a sanction precluding the lawyer from appearing until the fine is paid is valid.

Cases Cited

State The, v Mark Taua, Re Awaita — Contempt Proceedings [1985] PNGLR 179.

Appeal

This was an appeal against a conviction for contempt of court arising from an incident which occurred in a court room immediately upon the Judge retiring from the bench.

Counsel

B Sakora and A Regan, for the appellant.

G Toop, amicus curiae.

Cur adv vult

25 November 1986

KAPI DCJ AMET WILSON JJ: At the conclusion of the hearing of this appeal the Court ruled that the appeal be upheld and indicated that reasons would follow at a later date.

This was an appeal against a conviction for contempt entered on 21 May 1986 in Rabaul.

Mr Robinson is a lawyer employed in the Public Solicitor's Office in Rabaul and the events under review arose from an incident which occurred shortly after an application for the reduction of bail for an accused. The application was opposed by the State Prosecutor, Mr Damien, who not only opposed the application but indicated that the State might wish to have the amount of bail increased or apply for bail to be revoked.

At 5.30 pm on 20 May 1986 the trial judge adjourned to 9.30 am the following day. The events which followed are best set out in the form in which they appear from the transcript of the trial Judge's notes:

5.40 pm: State Prosecutor and associate advise that immediately upon Judge retiring from bench, Mr Robinson, defence counsel said in a loud voice to Mr Damien, State...