Paul Paraka Photo: PNGExposed
Papua New Guinea Supreme Court dismissed an application filed by [convicted lawyer Paul Paraka](https://www.rnz.co.nz/international/pacific-news/490986/png-lawyer-and-businessman-paraka-found-guilty-of-misappropriating-govt-funds) seeking release to pursue medical treatment overseas.
_TV Wan_ reported that the application filed by Paraka on 17 February sought release from custody and grant of bail on medical and humanitarian grounds to undergo medical treatment overseas.
Paraka was convicted by the national court on five counts of misappropriation and sentenced to 20 years.
He appealed to the Supreme Court against both conviction and sentence. His appeal against conviction was dismissed, but his appeal against sentence is still pending.
In the meantime, he was advised by his cardiologist that his coronary illness required urgent medial surgery overseas.
He lodged a request to the Correctional Services Commissioner to grant him leave of absence from custody, and he also applied to the chairman of the License Committee and the Minister for Justice to consider him being released from prison on license to attend to the recommended surgery.
After two months of waiting for a reply to his request, he filed an application for enforcement of his constitutional rights, seeking orders that he be released from custody, or release on bail, or that the relevant state authorities decide his request.
The relief the applicant seeks is about enforcing his constitutional rights under section 57 of the constitution, which he alleges have been breached, and has sought the court's interpretation.
Order 6 of the Supreme Court rules regulates the practice and procedure for filling an application to enforce constitutional rights under section 57 of the constitution.
A three-man bench consisting of Justice Kinsley David, Era Kariko, and Derek Woods presided over the matter.
The bench dismissed the application on Wednesday for being incompetent as it was not properly filed within the order 6.
As to the first order for relief sought to be released from custody, the court has no power to order the early release of the convicted offender; that power rests with other authorities, such as the Minister for Justice under section 50 of the criminal code.
Bail is considered pursuant to the bail act, which was not cited in the application. To be allowed bail and travel overseas, the applicant must apply for probation to leave the country at the same time as applying for bail. This the applicant did not do. Therefore, the court dismissed his application.
Meanwhile, his co-accused Jacob Yafai's trial will continue on 19 March.