THE Waigani National Court has dismissed a Boram Hospital nursing officer’s application for contempt against Health Department secretary Dr Osborne Liko.
Justice Nicholas Miviri, in dismissing Marcella Hasifangu’s application, said the filing was an abuse of the court’s process as there was no contempt of the order.
“Liko had not occupied the position when the order was first issued. Even then, steps had already been taken to fulfil those orders,” Justice Miviri said.
The State (third defendant), through a notice of motion, had sought to dismiss the proceedings on the basis that no reasonable cause of action was disclosed which amounted to it being frivolous and vexatious, abusing the process of court.
The State relied on the affidavit of Liko who was not a party to the proceedings now, the subject of the court order, though he is the current secretary.
Liko told the court that the court order of Feb 13, 2019 “is fully complied to”, relying on a further affidavit of Cletus Bon to prove compliance.
He said the (second) court order of Sept 14, 2020 in terms of compliance, was not specifically directed at him and that he was unnecessarily summoned for contempt when there was no specific order directing him to act or comply with any of the court orders.
The Sept 14, 2020 order awards general, exemplary and special damages in the matter to the total sum of K354,666.02.
Hasifangu is a public servant and nursing officer currently working on a Grade 13 position in East Sepik’s Boram Hospital. She was put on that position following the substantive court order of Feb 13, 2019.
When that order (Feb 13) came out, the quality assurance officer position was won by someone else and there was no grade 13 position available until early last year when an officer resigned.
That was when Hasifangu was given that grade 13 position.
The National / PNG Health Tips