The Government’s top legal officer has warned people and media groups against publishing or making commentaries about the recent amendments to the Environment Act 2000.
This includes anyone who co-ordinates and conducts public meetings, demonstrations or public protests, Attorney General Ano Pala cautioned yesterday. Otherwise, they ran the risk of being cited for contempt of court, a notice issued by Mr Pala, a former longtime Clerk of Parliament, stated.
The minister’s warning is based on a Supreme Court reference filed by Nonggorr and William Lawyers for its clients Sana Melanbo, Eddie Tarsie and Farina Siga on June 3 seeking the court opinion as to whether the amended Act was unconstitutional.
Last night, the four Madang landowners represented by the Nonggorr law firm issued a statement, challenging Mr Pala’s statement. They were, advised that there was nothing before the court that prevented the media or anybody discussing if the law was a good piece of legislation as a matter of public policy.
“There is nothing preventing the media or anyone from discussing, if the Act is constitutional as the Attorney General and Government are saying and will likely argue before the court, if that is a good piece of legislation”, they said. They said Mr Pala’s advice was extraordinary. “Why has he not given this advice to the NEC, and the Parliament, so that all the parliamentary debate on it this week should not have taken place.” they said in a statement issued from Madang.
They said the Attorney General had no power to direct police what to do and that the Constitution said nobody outside the police force could direct the police on laying and prosecuting charges.
The minister in his statement advised the general public that there should not be anymore discussions, comments or reference conducted in the media or anywhere else in public as this matter was now sub-judice.
This means, there will be no more talkback radio programs and interviews, no more advertisements, no more letters to the editors, no more public meetings, public demonstrations protest marches, the minister warned.
“Everyone’s freedom of expression is now subsumed into this court case. This means that you also have a right to be represented at the hearing of this Supreme Court reference and can either be represented by the same lawyer or others who can represent you on the same reference”, Mr Pala said.
Post Courier, June 25, 2010
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