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Stay on former PNG PM O’Neill’s arrest granted four-day extension
4:59 pm GMT+12, 21/10/2019, Papua New Guinea

 Former Papua New Guinea Prime Minister Peter O’Neill has been allowed another four days before the warrant of arrest issued for him last week can be served.
 
This follows the adjournment of his application challenging the validity of the warrant which was granted an interim stay by the National Court last Friday and was returnable.  
 
This means that police cannot execute the arrest warrant until the matter returns on Friday and the court decides whether to dispose the stay order or allow it to be served.
 
Solicitor General Tauvasa Tanuvasa, acting on behalf of the State and police, requested for more time and asked for an adjournment so that they can defend the validity of the warrant and remove the stay order on Friday.
 
Lawyers for O’Neill from Young and Williams consented to the request and Justice Nicholas Miviri extended the stay on the arrest warrant and adjourned to Friday for all parties to contest the stay application.  
 
O’Neill has also filed a judicial review on the arrest warrant and the leave application will be heard next Thursday.
 
Last Friday, Justice Miviri granted an interim stay order on the warrant after O’Neill’s lawyer submitted that the warrant was defective and that he is always available for interview or request to provide information relating to the allegation.
 
He also denied the allegations stating that he was likely to suffer irreparable damage caused from a defective warrant of arrest that will lead to his detention and that it was only proper that a court of law determines the validity of this warrant before it is executed.
 
Justice Miviri in a four-page decision said: “This argument is meritorious. I determine and adjudge that there is arguable case prima facie that the applicant will be arrested on a warrant that is defective prima facie.”
 
He granted the stay until Monday for both parties to argue the leave application and the continuance of the interim stay.

SOURCE: POST COURIER/PACNEWS


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