The court hearing for the case took place on Wednesday 8th June at National Court Waigani.
The purpose of the hearing was to clarify and decide exactly the legal issues that are being claimed applicable to the case, and to hear PX response to them.
The next step should be to proceed to trial with those issues to be argued and decided by court ruling.
The pilot’s Lawyer had lodged the documents well prior to the required date. (There were seven main legal points plus a list of reasons why these issues arise.)
Surprise, PX was effectively a “no show”. K**** Layers for PX sent a junior lawyer rather that P**** K**** as required / listed and he delivered the following messages:-
1. Mr K**** is “sick” and can’t appear.
2. Intend to file a notice of motion for an adjournment
3. Intend to file notice of motion for case to be heard in a different court (this especially did not go down well)
The Judge was visibly angry and demanded to see K****’s sick certificate - which could not be produced. The Judge then asked the pilot’s lawyer “what is your position on this? “ He replied that it was “unfortunate” (since nothing could be done about it) and wanted the day’s total costs to be borne by ANL - this was granted.
The adjournment was granted; given there was no choice this time.
The Judge found point (3) to be “contentious”. This was because asking to be heard in a different courtroom is a request which is traditionally understood in the legal profession to be a way to ask for the case heard before a different Judge—usually of course because they believe that the Judge is biased against them.
Even a hint of the word “bias” goes down very badly in Judge’s circles.
The Judge then gave the junior lawyer a tongue lashing and told him to tell Mr K**** to “come very well prepared with a sick certificate - and a list of very good reasons why he believes I should disqualify myself”.( In other words prove to me I’m a biased judge).
What happens now?
The hearing has been adjourned until Monday 20th June. There can be no further adjournments.
At this hearing:-
1. The Judge will hear Kumans applications – and will rule on disqualifying himself.
2. It will be decided which issues will go to trial.
3. A date will be set for trial.
FAQ - What can Happen?
If / when the pilot’s win - can ANL appeal? -yes
But the appeal hearing CANNOT be adjourned
And the appeal hearing is FINAL.
Also worth noting is that IFALPA legal councel is interested in this case and offering any assistance / advice as required.
Last edited by olderairhead; 12th Jun 2016 at 11:41.
Reason: Edited by request.