22 Dec 2005

PNG court rules that provincial governor convicted of rape retains his job until an appeal is heard

7:19 pm on 22 December 2005

A Papua New Guinea court has ruled that Madang governor James Yali, convicted and in custody awaiting sentencing for raping and sexually assaulting his 17-year-old sister-in-law, is still the governor of the province.

The National newspaper reports that Justice Sir Kubalan Los has ruled Deputy Governor Bunag Kiup is, allowed to perform the duties of the governor, but the substantive position still belonged to Yali.

The ruling follows an application filed by Mr Kiup, MP Peter Yama and 14 others seeking an order that Mr Yama be sworn in as governor.

An election purportedly took place on or prior to July 15 in Madang appointing Mr Yama as governor of the province.

The National Court on July 14 barred any meeting of the assembly, and on Aug 12 refused to recognise the appointment of Mr Yama.

Justice Los ruled that the provincial meeting of July 14, 2005, called by the deputy governor to oust Yali was against Sec. 15 (3) of the Organic Law and this had been appealed by Yali and currently before the Supreme Court.

The judge says it may be argued that the action of Yali was not good but the governor's appeal is still pending and while that situation exists, the governor's position remains occupied.