The State v Lucas Sasoruo [1997] PNGLR 676

JurisdictionPapua New Guinea
Citation[1997] PNGLR 676
Date26 September 1996
CourtNational Court
Year1997

Full Title: The State v Lucas Sasoruo [1997] PNGLR 676

National Court: Sevua J

Judgment Delivered: 26 September 1996

1 Contempt—Contempt of Court—Lawyer—Failure to appear in Court on date requested—Interference with course of justice—Failure to appear deliberate—Contempt made out

2 Lawyers—Contempt of Court—Failure to appear as counsel on date case adjourned to at his request—Failure deliberate—Sentence—Fine of K500.00

3 Re Passingan Taru [1982] PNGLR 292, David Gwaya Poka v The Independent State of Papua New Guinea [1988] PNGLR 218, Jennison v Baker [1972] 2 QB 52, AG v Leveller Magazine Pty Ltd [1979] AC 440, The State v Mark Taua; Re Awaita [1985] PNGLR 179, The State v Foxy Kia Tala; Re Corney Winjan [1995] PNGLR 303, The State v Raymond Tupundu (1996) N1536 and The State v Tana Kera (Unreported and Unnumbered judgment dated 24 July 1996) referred to

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Sevua J: The contemnor was the lawyer on record acting for one Raphael Ikupu in a bail application which was filed together with a supporting affidavit on 23 August, 1996. The application was set down for 9.30 am, Monday, 26 August 1996. When it initially came before me that morning, the applicant appeared and Ms Annette Kora appeared for the respondent, but Mr Sasoruo did not appear. Ms Kora informed the Court that he had requested an adjournment to Friday, 30 August 1996. The Court granted the adjournment and the applicant who had appeared from custody was informed accordingly. On Friday, 30 August, when the application came before me the second time, the applicant appeared from custody, however, Mr Sasoruo did not appear. No reason was advanced either through my Associate, or the respondent's counsel as to his failure to appear. The Court then further adjourned the application to 2nd September, since the applicant insisted that his lawyer be present to make the application. Upon granting the adjournment, I intimated that if Mr Sasoruo did not appear on 2 September, he would be cited for contempt of court and an order for his arrest would be issued.

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