A HUMAN rights lawyer has called on the trial judge in the alleged mutiny by special forces during the Sandline mercenary affair to disqualify himself from the court-martial.
Powes Parkop, a former law lecturer and now director of the human rights group Individual and Community Rights Advocacy Forum (ICRAF), appealed to the judge to stand down over "prejudicial" comments to the media in August.
Parkop said in a preliminary hearing on September 9 that the judge's comments, particularly the phrases "certain elements of the PNG Defence Force (were) trying to run the army'' and that the people and the government were fed up, demonstrated prejudice.
But Judge Sevua said he had made the remarks as a Defence Force Judge and not a trial judge, and the trial would continue.
He said he would await a full submission from Parkop before deciding whether he should disqualify himself, and adjourned the hearing until September 12.
Parkop earlier asked the judge to adjourn to give the five accused officers time to seek individual representation. But Judge Sevua said he had already given them time.
Four of the five defendants - Major Walter Enuma, Captain Bala Renagi, Lieutenant Michael David and Lieutenant Linus Osoba - were in the packed court at the September 9 hearing set up in the Officers Mess at Murray Barracks.
The fifth, Captain Namah Belden, has not yet been served with the summons charging him.
Judge Sevua warned that unless he turned up to face the court a warrant would be issued for his arrest and he would be detained for the duration of the trial.
The charges relate to the holding of the commander, Brigadier-General Leo Nuia, under armed arrest at the barracks on July 28.
Earlier that day Major Enuma, facing charges relating to an incident during the June national elections, was freed at gunpoint from a Port Moresby cell and taken to the
barracks.
The judge warned the accused that they would have their bail revoked if they failed to comply with court orders.
He said he had received reports that Major Enuma had been seen in the company of Captain Namah and Corporal Alan Nanguromo, in contravention of the conditions set by the court.
At an earlier hearing, the judge has warned PNGDF soldiers to refrain from causing trouble during the court-martial.
Judge Sevua told the court-martial that anyone who tried to make trouble would be jailed for contempt of court.
"I am not going to accept any discrepancies," the judge said.
"Following today, if any soldier causes problems, I am going to have them arrested and jailed for contempt of court."
Judge Sevua told the court that the army was supposed to be a disciplined force maintaining peace, security and public order and that was the image it was supposed to portray always.
This case is believed to be the first time in the history of the PNG Defence Force that a soldier has been charged with mutiny.
Under the Defence Force Act, the crimes of mutiny, desertion and aiding the enemy, especially during war time, are punishable by death by firing squad.
Judge Sevua allowed the four soldiers to be released on K500 bail which must be paid within two days. He also set conditions which he warned the four officers to strictly adhere to before the hearing resumes.
The soldiers must live at their barracks and nowhere else and should be at home between 6pm and 6am every day during the trial.
They are not to leave the barracks without permission of the commanding officer or his second in command, not to communicate or associate with each other, not to interfere with witnesses, to report every day - except on weekends - between 9.30am and 3.30pm to the commanding officer, not to communicate with any PNGDF members of Operation Rausim Kwik, and they are not allowed to make media statements during the court martial.
Judge Sevua told Major Enuma the last condition specifically referred to him because he had featured prominently in the media lately.
"This trial is of significant importance to the Defence Force and the people of Papua New Guinea and should proceed without interference," he said.
"I expect you to appreciate the orders of this court by strictly adhering to it. Frankly, I expect no more trouble. If anyone fails to comply, I will not hesitate to have them arrested and detained at Bomana."
The South African government has introduced legislation which punishes soldiers of fortune with 10 years in prison and $220,000 fines. The bill, intoduced in July, bans participation in actual military combat, giving military advice, training, the procurement of military equipment and the provision of security services.
