Ramu NiCo fails to lift interim injunction on DSTP

See below an article from National Newspaper today.
Congratulations to the Raicoast people of Madang Province for standing together and for ensuring that this case has coming this far. Today is the 90th day for this court injunction to be in place preventing the Ramu Nickel Mine from dumping its waste into the sea as well as blasting of the off-shore reefs at Basamuk. The eyes of the other landowners in the region and also in the world that are going through similar struggles are on these people. It is very empowering and encouraging for landowners to win this case. It is a David and Goliath fight and we hope the landowners come out winners in the full trial next month. The government should by now understand that we are no longer in the 80s. Its time gone for all tactics to be effective.

Source:

By JULIA DAIA BORE

RAMU NiCo, developers of the giant Ramu nickel project in Madang, have failed in the Supreme Court to quash an interim injunction to proceed with the construction of a deep sea tailings placement (DSTP) system and get the mine off the ground.
A three-judge Supreme Court last Friday dismissed the appeal by Ramu NiCo and its state partners against the lower court’s granting of the interim injunction which had effectively stopped work on the last stage of the construction at Basamuk Bay.
The ruling means that a trial date will be set, probably next month, for the substantive matter to be argued in court.
Four landowner leaders – Eddie Tarsie, Farina Siga, Peter Sel and Sama Melambo – and the Pommern Incorporated Land Group had sought the interim orders in the National Court in Madang in March and April that the DSTP system off-shore of the Basamuk and Astrolabe bays would be detrimental to all landowners along the Madang coastal areas and their entire livelihood.
They also claimed that it was not the best practice of environmental management activity. Justices Catherine Davani, Derek Hartshorn and Don Sawong ruled that while they noted the submissions made by Ramu NiCo and its partners, they were also mindful that if the DSTP was allowed to proceed, “the potential environment harm far outweighs the lifting of the injunction”.
“The balance of convenience lies in maintaining the status quo at least until after the trial of the substantive matter,” they ruled, adding that “it is better to take a precautionary approach than to proceed in haste”.
Ramu NiCo and its partners had, in essence, submitted in their appeal that it was lawful for them to proceed with the construction of the DSTP system as agreed to in their joint venture agreement and also based on the mining development contract signed between the parties concerned, including the PNG government and MCC to start mining nickel in the Kurumbukari area of the Bismarck Ranges before the end of this year.
The partners had argued in court that the landowner leaders, in their ILG in this proceeding, only represented their own interests and not that of the bulk of the Basamuk Bay people.

National Newspaper July 29 2010

Amet is Madang Governor

By JOSHUA ARLO

A SUPREME COURT has confirmed the former Chief Justice Sir Arnold Amet as duly elected Governor of Madang Province.
This follows its decision last Friday to quash the September 2008 voiding of his 2007 general elections win by the National Court.
Sir Arnold, who was not in court to hear the decision, was ousted from public office on allegations of undue influence and illegal practices in relation to derogatory remarks made by himself, Prime Minister Sir Michael Somare and a Nick Mare during campaign period against another candidate, and former politician, Peter Yama.
However before a packed courtroom, the high court decided unanimously that these derogatory remarks which said Mr Yama was a highlander and if in power would allow for highlanders to take over Madang; that he was a thief; and had more than one wife; could not sustain Mr Yama’s petition. The court said there was no proof that Sir Arnold gave authority for Mare and Sir Michael to make these comments while in his presence, and accepted Sir Arnold’s contention that his comments on polygamous marriage was in light of his Christian belief.
“The grounds of Mr Yama were incompetent to go for trial and the words uttered do not amount to undue influence. We uphold the review application and the orders of September 11, 2008 by the National Court are quashed and the petition is dismissed,” head judge, Deputy Chief Justice Gibbs Salika said last Friday. He said the National Court judge erred in his ruling because he did not adequately address whether the statements made were untrue or a threat to voters. The trial judge was not precise in his conclusions whether the pleadings raised by Mr Yama sufficiently complied with requirements of section 208 of the Organic Law; therefore incompetent, and evidence adduced at trial did not establish the essential elements of undue influence and illegal proactice and ruling was an error.
The court said issues raised in this review concerned procedural compliance with a provisions of the Organic law and Mr Yama did not plead sufficiently facts supporting undue influence within meaning of section 102(b) of CCA and illegal practice within meaning of section 215 (3)(a) of Organic Law that states an election can be voided if this statement is proved to be ‘fraud’ or false. Mr Yama took the decision calmly, and outside the courtroom told supporters and the media while he accepted and respected the decision of the court, he was frightened of the consequences that may arise from how this decision is interpreted.

Post Courier July 12 2010