Ian Augerea, Registrar of the Supreme and National Courts of Justice v Robert Kopaol (2020) N8374

• Jurisdiction: Papua New Guinea
• Judge: David, J
• Judgment Date: 15 May 2020
• Court: National Court
• Citation: (2020) N8374
• Docket Number: OS No 180 of 2015
• Year: 2020
• Judgement Number: N8374

Full Title: OS No 180 of 2015; Ian Augerea, Registrar of the Supreme and National Courts of Justice v Robert Kopaol (2020) N8374

National Court: David, J

Judgment Delivered: 15 May 2020

N8374

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

OS NO.180 OF 2015

BETWEEN:

IAN AUGEREA, REGISTRAR OF THE SUPREME

AND NATIONAL COURTS OF JUSTICE

Plaintiff

AND:

ROBERT KOPAOL

Defendant

Waigani: David, J

2020: 15th May

CONTEMPT OF COURT – incident outside, but in the precincts of court house - essential elements of contempt of court - any act or omission, committed in the face of the court or outside court, and which is intended to or calculated to or likely to interfere or obstruct the fair or due administration of justice – assault of court officer - lawyer representing parties defending a claim for K4.9 million in the National Court - claim arose from death of contemnor’s son in an alleged motor vehicle accident – Peace Agreement signed - application filed to dismiss claim on the grounds that Peace Agreement signed under duress, contrary to law and proceedings disclosed no reasonable cause of action or were frivolous or vexatious – hearing of application to dismiss adjourned on application of lawyer for contemnor – lawyer went to courthouse car park to leave court premises – contemnor approached lawyer and asked him to speak with him – lawyer refused to speak with the contemnor – lawyer assaulted by contemnor and his supporters by grabbing and pulling him towards contemnor’s vehicle – actions of contemnor and supporters deliberate, intentional and without lawyer’s consent - verdict of guilty.

Cases Cited:

Papua New Guinea Cases

Ross Bishop and Others v Bishop Bros Engineering Pty Ltd and Others [1988-89] PNGLR 533

Andrew Kwimberi v The State (1998) SC545

Ian Augerea v David Tigavu (2010) N4185

Ian Augerea v Hon. Anaton Yagama MP (2013) N5437

Peter Bire v Dr Philip Kereme (2016) N6328

Overseas Cases

French v French (1824) 1 Hog 138

Re Ludlow Charities, Lechmere Charlton’s Case (1837) 2 My & Cr 316

R v James Martin (1848) 5 Cox 356

Re Johnson (1887) 20 QBD 68 CA

Brown v Putnam (1975) 6 ALR 307

Principal Registrar, Supreme Court of New South Wales v Katelaris [2001] NSWSC 506

Counsel:

Derek Wood, for the Plaintiff/Prosecution

Robbie Yansion, for the Defendant/Contemnor

JUDGMENT

15th May, 2020

1. DAVID, J: INTRODUCTION: By an originating summons filed on 7 April 2015 and pursuant to an order of the National Court made on 3 March 2015 in the National Court proceedings commenced by WS No.757 of 2014 – Robert Kopaol & Philip Wari v John Nahare & Gobe Business Development Corporation Ltd filed on 2 July 2014 (proceedings WS No.757 of 2014), Ian Augerea, the Registrar of the Supreme and National Courts of Justice (Registrar) claimed, among others,:

1. A declaration that the actions of the contemnor, Robert Kopaol (the contemnor) when he assaulted McRonald Nale (Mr. Nale) of Jema Lawyers and/or his actions encouraged or incited other unknown people to assault Mr. Nale who was the lawyer acting for the defendants in proceedings WS No.757 of 2014 on the afternoon 9 February 2015 at the car park of the Supreme and National Courts of Justice at Waigani, National Capital District (the Courthouse Car Park) constituted an interference with the administration of justice and a contempt of court or alternatively constituted an intention to interfere with the administration of justice and is a contempt of Court.

2. If found guilty, in the exercise of the Court’s discretion, appropriate punishment be imposed including imprisonment and/or monetary fine.

3. An order that the contemnor pay the plaintiff’s costs of the proceedings.

CHARGES

2. In the statement of charge filed on 7 April 2015, the plaintiff has charged the contemnor with one substantive count of contempt of court and the other charge is framed in the alternative.

3. It is alleged that the contemnor assaulted Mr. Nale of Jema Lawyers and/or his actions encouraged or incited other unknown people to assault Mr. Nale who was the lawyer acting for the defendants in proceedings WS No.757 of 2014 on the afternoon of 9 February 2015 at the Courthouse Car Park and those actions constituted an interference with the due administrative of justice and is a contempt of court or alternatively constituted an intention to interfere with the due administration of justice and is a contempt of court.

4. The statement of charge also alleges in the alternative that the effect or purpose and/or intention of the contemnor’s actions and/or words on 9 February 2015 when he assaulted and spoke to Mr. Nale at the Courthouse Car Park was:

1. to cause Mr. Nale not to move the Court for orders sought in the Notice of Motion filed in proceedings WS No.757 of 2014 on 23 October 2014 on 4 March 2015 (23 October Notice of Motion), although the Court had already directed that the 23 October Notice of Motion was set for hearing on 4 March 2015; and/or

2. to cause Mr. Nale to encourage or persuade his clients (John Nahare and his family members and Gobe Business Development Corporation Ltd) to agree to the orders and relief sought by the plaintiffs in the writ of summons filed in proceedings WS No.757 of 2014 on 2 July 2014, including the order for defendants to pay the plaintiffs the sum of K4,900,000.00 in compensation for the death of late Ronnie Kopaol, although the claim was denied by the defendants and furthermore the claim was before the National Court to be decided on its merits,

whereby his actions constituted an interference with or hindrance with the course of justice or an attempt to influence the outcome of proceedings WS No.757 of 2014 and was in contempt of court or alternatively constituted a real risk of interference with the due administration of justice and is a contempt of court.

5. The statement of charge further alleges that the contemnor intended to interfere with the due administration of justice, or the effect or purpose of his actions was to interfere with the due administration of justice, by assaulting Mr. Nale at the Courthouse Car Park on 9 February 2015.

BRIEF FACTS ALLEGED AND BACKGROUND

6. The brief facts relied on to support the charges are contained in the statement of charge from paragraphs 5 to 9.

7. The contemnor and Mr. Philip Wari as first and second plaintiffs respectively commenced proceedings WS No.757 of 2014 claiming, among others, the sum of K4.9 million. It was alleged that on 18 January 2014, one Ronnie Kopaol (the deceased), the contemnor’s son, was a passenger on the trailer of a Nissan Navara (4x4) utility (the Nissan Navara) driven by one Deheray Nahare (Deheray), the son of John Nahare (Mr. Nahare), the first defendant in proceedings WS No.757 of 2014. Deheray lost control of the Nissan Navara when he was negotiating the roundabout in the vicinity of the South Pacific Brewery at Gordon’s, National Capital District while travelling along the Poreporena Freeway, hit a concrete flower pot in the middle of the road and the deceased was thrown off the Nissan Navara and landed on the bitumen head first. The deceased allegedly sustained severe head injuries and was rushed to the hospital where he was pronounced dead on arrival. After several days of intense negotiations following the motor vehicle accident, on 27 January 2014, a Peace Agreement (Peace Agreement) was allegedly signed by the deceased’s representatives and Deheray’s relatives at the Ela Beach Hotel. By the Peace Agreement, the deceased’s relatives agreed to accept the death of the deceased and ensure peace was maintained between the parties and Deheray’s relatives agreed to pay K5,000,000.00.00 as compensation. It was alleged that Deheray’s relatives made a part-payment of K100,000.00. The alleged balance of K4,900,000.00 was sought to be recovered against the defendants in proceedings WS No.757 of 2014.

8. On 20 August 2014, the defendants filed separate defences (annexures “B” and “C” to Exhibit “E”) both denying liability. The defences asserted, among others, that; the Peace Agreement was invalid as it was signed under duress, the second defendant was not a party to the Peace Agreement, the Board or shareholders of the second defendant did not resolve to pay the plaintiff’s’ claim, the claim for customary compensation and the Peace Agreement contravened the Motor Vehicles (Third Party Insurance) Act; and the proceedings failed to disclose a reasonable cause of action or were frivolous or vexatious and should be dismissed.

9. On 23 October 2014, Mr. Nahare filed the 23 October Notice of Motion to dismiss proceedings WS No.757 of 2014.

10. On 9 February 2015 at about 1:30 pm, proceedings WS No.757 of 2014 was mentioned in Court before His Honour Sakora, J by Mr. Nale appearing for the defendants. He was ready to move the 23 October Notice of Motion when Mr. Phillip Wariniki of Wariniki Lawyers and the plaintiffs’ lawyer, applied to adjourn the hearing of the motion on the basis that settlement discussions were on foot. Mr. Nale informed the Court that he had no instructions about the purported settlement discussions, but on the contrary had instructions to proceed with the motion. The Court, among other matters, granted the...