N11575

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
HROI NO. 06 OF 2025

IN THE MATTER OF ENFORCEMENT OF BASIC RIGHTS
UNDER SECTION 57 OF THE CONSTITUTION OF
THE INDEPENDENT STATE OF PAPUA NEW GUINEA

RE: TRIBAL FIGHTING IN WAPENAMANDA
AND ITS IMPACT ON THE WORK OF THE NATIONAL COURT
AND THE EDUCATION OF CHILDREN

WABAG: ELLIS J
7 NOVEMBER 2025

HUMAN RIGHTS – Tribal fighting in Wapenamanda – hearing of notice of motion alleging contempt deferred – other conduct that may constitute contempt noted – attendance at next meeting of Peace Agreement negotiations considered

Cases cited
No cases are cited in these reasons

Counsel
M Kapo, for Hon Miki Kaeok MP

REASONS

1.	ELLIS, J: On 17 October 2025 this Court made orders that included a ceasefire order that specifically required both tribes to lay down all weapons and cease all forms of provocative behaviour, including both oral and written communications as well as any communications on social media.

2.	On 22 October 2025 a Notice of Motion, Statement of Charge, and two affidavits in support were filed.  The effect of those documents is to make the following allegations:

(1)	Immediately after the orders were made on 17 October 2025, Hon Miki Kaeok MP said: “The Judge ordered that those suspects be surrendered to the Court without delay.  That was Order One – the surrender of the suspects”.  As it is clear this Court made no such order, and as a copy of the orders that were made was handed to Hon Miki Kaeok MP, that raises the question of whether those words constituted contempt of court.

(2)	That, later in the day the orders were made, Hon Miki Kaeok MP made derogatory comments about Danny Katie during a speech at Pombapos village in the Wapenamanda District. 

(3)	That Hon Miki Kaeok MP, in speeches made at Wabag and Pombapos later in the day the orders were made by the Court, said: “I am going to rebuild my house tomorrow”.  It was noted that the house referred to stood on customary land of the other tribe.

3.	That Notice of Motion, and the supporting evidence, raises questions of (1) whether Hon Miki Kaeok MP has acted in contempt of court and, if so, (2) what punishment should be imposed.  While the Notice of Motion was listed for consideration today, there are reasons why it is preferable to not hear and determine those issues today.

4.	Before outlining those reasons, the Court notes the affidavit of Henry Kapao filed on 6 November 2025, which indicates that an initial meeting was held, during which Danny Katie and Hon Miki Kaeok MP both agreed to refrain from further fighting or violence.  However, neither of those leaders provided any feedback on the draft Peace Agreement by 29 October 2025, as required by the Mediators.

5.	It is also necessary to note the receipt of a letter from Senior Inspector Richard Koki, also dated 6 November 2025, which sets out the history of recent events in the Wapenamanda District.  

6.	It is troubling to read in that affidavit and that letter that fighting resumed in the Mambisanda area on 29 October 2025 when buildings were either damaged or destroyed by fire and that eyewitnesses identified men from both the Yakuman and Yangakun tribes as participants in those events.   Since arrests have been made, the conduct of those identified in that letter and affidavit will be dealt with when criminal charges against those persons are heard by this Court.  By reason of the backlog of criminal cases in Wabag having been cleared, any such charges would be able to be considered promptly but for the fact that the current position appears to be that there is no prosecutor permanently based in Wabag.

7.	It is noted that, on 1 November 2025, both Danny Katie and Hon Miki Kaeok MP were placed under house arrest for a period.  On the basis of the evidence before this Court, that action appears to have been justified.

8.	The reasons why the motion alleging contempt of court by Hon Miki Kaeok MP will not be considered today are as follows.  First, it is reasonable to provide Hon Miki Kaeok MP with an opportunity to submit any evidence upon which he wishes to rely in the form of an affidavit so that he has an opportunity to respond to what has been alleged and so that the Court will know what is and what is not in dispute.  A period of three weeks is considered reasonable to allow for any such evidence to be provided to the Court.

9.	Secondly, it does not appear that determining the two issues indicated above, namely (1) whether Hon Miki Kaeok MP has acted in contempt of court and, if so, (2) what punishment should be imposed, would aid the finalisation of a peace agreement.  The clearly preferable course is to defer a consideration of those issues until after a peace agreement has been reached.

10.	Thirdly, it has been suggested that the ceasefire order made on 17 October 2025 has been breached by both tribes which raises the question of whether members of either or both tribes and/or their leaders have acted in contempt of court.  It is desirable for this court not to consider allegations of contempt of court against Hon Miki Kaeok MP without also considering any other allegations of contempt of court.

11.	Fourthly, it is noted that Hon Miki Kaeok MP requested that he be excused from attendance today, based on what was said to be “high blood pressure and stress”.  While a medical certificate was provided, it only covered the three days from 5 to 7 November 2025.  As a result, that certificate does not cover the next intended meeting on Friday 14 November 2025.  It is also noted that finalising a Peace Agreement should have a favourable impact on the medical conditions which formed the basis for non-attendance of Hon Miki Kaeok MP today since his stress levels would surely reduce if there was peace in Wapenamanda.

12.	Hon Miki Kaeok MP was excused from attendance today, based on the medical evidence submitted.  However, it was indicated that someone should appear on his behalf.  The response was a further letter from Hon Miki Kaeok MP which suggested “no-one feels safe travelling and attending the court on my behalf …”  It is only necessary to respond to that letter with one word: nonsense.  The suggestions contained in that letter are rejected.

13.	It must be noted that one of the orders made on 17 October 2025 required Danny Katie and Hon Miki Kaeok MP to obey all reasonable directions of the mediators, and that those mediators have indicated that the next meeting to consider a proposed Peace Agreement will be held from 10am next Friday, 14 November 2025 at the Highlander Hotel in  Mount Hagen, with the intention of signing of a Peace Agreement on Wednesday 19 November 2025 in the same location.  That order, made on 17 October 2025, requires both those leaders to attend that meeting.  

14.	Failure to attend that meeting may be considered to constitute contempt of court.  The time has come to stop the loss of life and property damage that has now continued for far too long.  Both leaders would be well advised not to further test the patience of this Court.

15.	If either Danny Katie or Hon Miki Kaeok MP fail to attend the meeting that the Mediators have scheduled for next Friday, 14 November 2025, from 10am, at the Highlander Hotel in Mount Hagen, the Police officer who is one of the Mediators will be entitled to arrest them so that they may be brought before this Court for immediate consideration of a charge of contempt of court at 1.30pm on Friday 21 November 2025, no earlier date being possible due to circuit sittings in Porgera from Monday 10 to Thursday 20 November 2025.

16.	A claim of “high blood pressure and stress” is not considered a sufficient excuse not to attend negotiations to finalise a Peace Agreement and it is noted that, any concerns Hon Miki Kaeok MP may have for his safety will be eliminated if he is held in custody after being arrested for contempt.  If negotiations for a Peace Agreement need to be conducted in the Police cells in Wabag, so be it.

17.	Finally, Hon Miki Kaeok MP should not think that the charge of contempt of court that is pending against him will be heard when he feels like it.  The question of whether his conduct has amounted to contempt of court will be considered: that is a question of when and not if.  The question of when will be decided by this Court and not by Hon Miki Kaeok MP.

Orders

18.	For those reasons, the following orders are made:

1.	A hearing of the Notice of Motion filed on 22 October 2025 is adjourned to a date to be advised.
2.	Any evidence upon which Hon Miki Kaeok MP intends to rely at the hearing of that Notice of Motion is to be filed in the National Court in Wabag by 28 November 2025. 
3.	Reinforcing Order 6 made on 17 October 2025: Dannie Katie, representing the Yakuman tribe, and Hon Miki Kaeok MP, representing the Yangakun tribe, (the Leaders) are to meet with the appointed mediators at the Highlander Hotel in Mount Hagen on Friday 14 November 2025 from 10am.
4.	The Court notes that a failure by either leader to attend that meeting will entitle the Police to arrest and detain in custody the leader/s who do not attend that meeting so that the question of whether he/they acted in contempt of the orders made by this Court on 17 October 2025 may be considered.
6.	Time is abridged so that these orders may be entered without delay.

Orders Accordingly.
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