Court stays NEC decision on appointments of Defence Force hierarchy

Commodore Philip Polewara (middle) flanked by the heads of the defence forces of Australia and New Zealand at the Bomana Anzac Day dawn service in April (NBC News)

The Supreme Court has, stayed a decision by the National Executive Council of 24th May 2024, in appointing Commodore Philip Polewara to the rank of Rear Admiral and Colonel Opa Lari as Brigadier General.

These includes the revocation of the appointment of Mark Goina as Commander and Chief of the Papua New Guinea Defence Force and discharging him from the rank of Brigadier General.

Justice David Cannings who presided over the matter, ordered that Commodore Polewara be restrained forthwith from occupying the Office of the Commander and Chief of the PNG Defence Force and carrying out any duties, roles, functions or responsibilities as Commander but to continue on as Acting Commander pending further orders from the court.

Colonel Opa Lari is also restrained from occupying the Office of the Deputy Chief of the PNG Defence Force and carrying out any duties, roles, functions and responsibilities until further orders from the court.

The supreme court has issued these orders following Mark Goina's appeal against a National Court decision of 2021, filed by former PNGDF Commander Gilbert Toropo against Goina's appointment.

Goina had initially filed a judicial review into his suspension by NEC in 2023, following the fatal shooting of two soldiers in a training exercise in Central Province.

While Goina was in court this year, NEC revoked his appointment, discharged him and appointed Commodore Polewara as the new Commander of the PNGDF.

This matter will return to court on 1st July 2024 for further directions hearing.