Peter Ipu Peipul v Hon Justice Sheehan, Mr Orim Karapo and Iova [Iovai] Geita (constituting the Leadership Tribunal), The Ombudsman Commission of Papua New and The Independent State of Papua New Guinea (2002) SC706

• Jurisdiction: Papua New Guinea
• Judge: Amet CJ, Kapi DCJ, Los J, Injia J, Sawong J
• Judgment Date: 24 May 2002
• Court: Supreme Court
• Citation: (2002) SC706
• Docket Number: SCM 2 of 2002
• Year: 2002
• Judgement Number: SC706

Full Title: SCM 2 of 2002; Peter Ipu Peipul v Hon Justice Sheehan, Mr Orim Karapo and Iova [Iovai] Geita (constituting the Leadership Tribunal), The Ombudsman Commission of Papua New and The Independent State of Papua New Guinea (2002) SC706

Supreme Court: Amet CJ, Kapi DCJ, Los J, Injia J, Sawong J

Judgment Delivered: 24 May 2002

PAPUA NEW GUINEA SC 706

[In the Supreme Court of Justice]

SCM 2 of 2002

Between:

Peter Ipu Peipul

Appellent

And:

Hon Justice Sheehan, Mr Orim Karapo & Iovai Geita

(constituting the Leadership Tribunal)

First Respondent

And:

The Ombudsman Commission

of Papua New Guinea

Second Respondent

And:

The Independent State

of Papua New Guinea

Third Respondent

Waigani : Amet CJ, Kapi DCJ, Los, Injia & Sawong JJ

2002 : 1 May & 24 May

A Jerewai, for Appellant/Applicant.

Dr J Nonggor & Cannings, for Respondent.

DECISION

24 May 2002

AMET CJ : This is an appeal against the decision of the National Court dismissing an application for judicial review of the decision of the Leadership Tribunal (the Tribunal).

The Tribunal, established under the Organic Law on Duties and Responsibilities of Leadership (the Organic Law), to investigate and determine five allegations of misconduct in office, against the Appellant, found him guilty on all five charges and recommended dismissal from office, in respect of each charge.

The five allegations were:

1: THAT in December 1998, the Leader conducted himself in his public life and in his associations with other persons in such a way that he:

(a) placed himself in a position in which he had conflict of interests; and

(a) demeaned his offices as the Minister for Public Service, member of Parliament for Imbonggu Open and member of Parliament for Imbonggu Open and member of the Southern Highlands Provincial Assembly; and

(a) allowed his official integrity and his person integrity to be called into question; and

(a) endangered and diminished respect for and confidence in the integrity of government in Papua New Guinea;

AND FURTHERMORE engaged in an activity that might be expected to give rise to doubt in the public mind as to whether he was carrying out the duty imposed by Section 27(1) of the Constitution;

IN THAT he _

(i) instructed the Acting Secretary of the Department of Personnel Management to prepare a National Executive Council submission regarding the appointment of his brother, Moses Ipu Tawa, to the vacant office of the Public Services Commission, that instruction being improper in that:

(A) it was not accompanied by a disclosure that the person whose appointment he was promoting was his brother; and

(B) it was not accompanied by consideration of any short listing criteria, thus being arbitrary and unprofessional and failing to show due regard to the constitutional status of the office concerned; and

(i) submitted a statutory business paper to the National Executive Council which recommended that Mr Tawa be appointed to the vacant office of member of member of the Public Services Commission, that submission being improper in that:

(A) it was not accompanied by an disclosure that the person he was recommending for appointment was his brother; and

(A) it contained no evidence of any consultation with the Permanent Parliamentary Committee on Appointments, that being an important constitutional requirement; and

(A) it was not accompanied by consideration of any short listing criteria or any explanation or analysis of the merits of each candidate, thus being arbitrary and unprofessional and failing to show due regard to the constitutional status of the office concerned; and

(A) it failed to reveal that his brother was in fact under-qualified for the office of member of the Public Services Commission, as his had held relatively junior positions in the National Public Service compared to the other persons (former Departmental Heads) who were at that time being considered for appointment to that office; and

(A) it resulted in the National Executive Council giving false and misleading advice to the Governor-General, namely that there had been consultation with the Permanent Parliamentary committee on Appointments; and

(A) it resulted in the Governor-General, Sir Silas Atopare, being place in a position where His Excellency executed an instrument of appointment that contained a false statement, namely that the advice of the National Executive Council had been given after “consultation with the Permanent Parliamentary Committee” thus diminishing the integrity of the office of Head of State; and

(i) participated in the meeting of the National Executive Council on 16th December 1998 which resulted in a decision to advise the Governor-General to appoint his brother to the office of member of the Public Services Commission, that participating being improper in that he did not disclose to the meeting that the person he was recommending for appointment was his brother; and consequently

(i) engaged in nepotism;

THEREBY contravening Sections 27(1)(a), 27(1)(a), 27(1)(b), 27(a)(c), 27(1)(d), 27(2) and 27(5)(b) of the Constitution.

2: THAT in December 1998, the Leadership failed to reveal to the Ombudsman Commission and the appropriate authorities the nature and extent of the interest of an associate in a matter with which he had to deal in his official capacity;

AND FURTHERMORE dealt in his official capacity with that matter without good faith and without compulsion of law or urgent necessity or authorisation by the appropriate authorities;

IN THAT he _

(i) failed to reveal to the Ombudsman Commission and the National Executive Council and the Parliament the nature and extent of an associate, namely his brother, Moses Ipu Tawa, in being appointed to the vacant office of member of the Public Services Commission; and in particular

(i) failed to reveal that he proposed to recommend his brother for appointment to that office, that being a matter with which he had to deal in his official capacity as Minister for Public service; and

(i) instructed the Acting Secretary of the Department of Personnel Management to prepare a National Executive Council submission regarding the appointment of his brother to the vacant office of member of the Public Services Commission; and

(i) submitted a National Executive Council statutory business paper recommending his brother for appointment; and

(i) participated in the meeting of the National Executive Council that resulted in a decision to advise the Governor-General to appoint his brother to that office;

THEREBY contravening Sections 6(1) and 6(2) of the Organic Law on the Duties and Responsibilities of Leadership.

3. THAT in December 1998, the Leader, being a member of an executive body who proposed to speak and vote on a matter before that body in which he had an indirect beneficial interest, failed to make a disclosure of the nature of his interest;

IN THAT he _

(i) failed to disclose to the National Executive Council for the purposes of its meeting on 16 December 1998 that the person he was recommending to appointment as a member of the Public Services Commission, Mr Moses Ipu Tawa, was his brother; and

(i) took part in the deliberations and decision of the National Executive Council regarding the appointment of his brother, without any disclosure being recorded in the minutes of proceedings and without the National Executive Council resolving to allow him to do so;

THEREBY contravening Section 15(5) of the Organic Law on the Duties and Responsibilities of Leadership.

4. THAT in January 1999, the Leader conducted himself in his public life and in his associations with other persons in such a way that he:

(a) placed himself in a position in which he had a conflict of interests: and

(a) demeaned his offices as Minister for Public Service, member of Parliament for Imbonggu Open and member of the Southern Highlands Provincial Assembly; and

(b)...