The National Court in Madang heard the motions today (19.08.2010) for the Ramu Nickel Mine DSTP matter. The QC representing the MCC argued that, the National Court should allow MCC to construct the DSTP pipeline because the wet season is approaching and will cause further delays on the Ramu Nickel Project that is costing the developer millions. The QC had no credible source of weather forecast or Meteorology reports to show the court. He based his argument on an engineering argument that, the rainy season would affect the construction of the DSTP pipeline.
The Plaintiffs lawyer Ray Williams (who appeared on behalf of Tiffany Nonggorr) questioned the validity of the argument in the absence of any credible weather forecast report. Mr. Williams asked the court “where is the weather forecast from the National Weather Service Bureau that states that it’s going to be a rainy season?” ….“what would you expect, we are in the tropics and it rains now and a sunny day tomorrow….Welcome to PNG, the land of the unexpected” he added. Even the judge consented that, it rains anytime in PNG and with his experience in living in West New Britain, with a big smile, he said,” when the northern part is having a fine day, the southern part rains, so how do you know that it’s going to be a wet season?”.
The whole court room was filled with giggles as the audience could not stop laughing at the QC’s argument on the wet season and some of them had to be told to leave the court room immediately.
I followed the Plaintiffs' lawyer outside and asked him why he said “Welcome to PNG, the land of the unexpected”? He replied that, the argument of the rainy season was not an intelligent argument and therefore did not deserved an intelligent reply.
The decision will be given next Tuesday the 24th of August 2010.