The application to disqualify the Chief Justice, Sir Salamo Injia, was filed yesterday (Thursday) by O’Neill’s lawyer and was set to be heard tomorrow morning.
This new twist in the case may delay ruling of the matter before the court. The high court was to make a ruling on the Reference today.
The much anticipated ruling of the High Court on the Special Reference will be stalled following this new application.
Prime Minister Peter O’Neill has alleged an apprehension of bias on Chairman of the bench Chief Justice Sir Salamo Injia, claiming he was seen meeting with former State Enterprises Minister Arthur Somare at a Port Moresby hotel last month.
O’Neill claimed this new evidence now taints a fear of bias on the bench.
Today’s court sitting was to answer the 37 Constitutional questions raised in the Special Reference, from the vacancy in the office of the Prime Minister to suspension of a Member of Parliament.
The ruling will determine whether the current Government came into power according to law, when it ousted Grand Chief Sir Michael Somare.
The August formation of the O’Neil-Namah Government has been described as a coup by Sir Michael’s lawyers during hearing in October.
Queens Council Marshall Cook representing Sir Michael said there was never a vacancy, and that Parliament’s election of O’Neil was against the law.
QC Cook also submitted that section 142 of the Constitution, which prescribes ways in which a Prime Minister may be removed from office to create a vacancy was also not properly followed by Parliament.
