19 May 2005

PNG says Australian reaction to ECP police pullout is unhelpful

7:58 pm on 19 May 2005

The Papua New Guinea Government has attacked statements made by the Australian Foreign Minister, Alexander Downer, as incorrect, unreasonable and unhelpful.

The multi-million dollar Enhanced Cooperation Programme between Australia and PNG has been partly suspended following a PNG Supreme Court ruling late last week.

Following a challenge by Morobe Governor Luther Wenge, the court ruled last Friday that immunity granted to Australians in PNG under the ECP was unconstitutional.

Since then Mr Downer has been reported saying that Australia was not involved in the preparation of the legislation that had been declared invalid.

But after a two-day Cabinet meeting, the PNG Foreign Affairs Minister, Sir Rabbie Namaliu, said today that Mr Downer was wrong.

Sir Rabbie says the suggestion that somehow Australia was 'in the dark' when it came to the final ECP legislation is incorrect.

He says lawyers on both sides believed the legislation was constitutionally valid, but there was also an understanding and acceptance that the issues involved were difficult and complex.

Sir Rabbie says it is unreasonable for Mr Downer to claim that Australia had not been warned about the possibility of the court declaring the ECP Act unconstitutional.

Sir Rabbie says the PNG Supreme Court is totally separate from the Government which had no way of knowing what the outcome of the court challenge would be.

He says both governments should be working together to resolve the difficulties the court has identified.