Court’s rulings on police powers: details By Cedric Patjole 0 Comment Oct 3, 2014. PNG Loop The ruling of the Supreme Court yesterday against the Commissioner of Police for having no powers to direct or control a member of the police force over the executing of a warrant of arrest follows two National Court proceedings filed following the granting of the warrant of arrest against Prime Minister O’Neill by the District Court. The first (OS 484 of 2014) is was filed by Director of Fraud and Anti-Corruption Directorate, Mathew Damaru, and his deputy Timothy Gitua, who raised contempt charges against Police Commissioner Geoffrey Vaki for disobedience of the arrest warrant and began on July 15th. The second (OS [JR] 485 of 2014) was filed by Vaki and O’Neill seeking leave for a judicial review on the Districts Court’s decision to issue the warrant of arrest and started on July 14th. Each application raised questions of constitutional interpretation and application with the first raising three questions and the second raising six. Around the same time, the Attorney General, on August 13th, applied by way of a special reference to the Supreme Court for its opinion on seven questions of constitutional interpretation. The following is the summary of answers to the 16 questions raised in the three Supreme Court references surrounding the warrant of arrest issued against Prime Minister and delivered this morning. 1) Whether, having regard to the provisions of the Constitution including Sections 197 and 198 thereof and the provisions of the Police Act 1998, the Commissioner of Police may challenge the validity of a warrant of arrest issued by a court of competent jurisdiction, including the District Court on application of another member of the Police Force. Yes 2) Does the expression “Except, subject to any Act of the Parliament to the contrary” appearing in Section 37(2) of the Constitution limit the contempt powers of the District Court to only those contempt of court offences that are expressly stipulated in Section 277 of the District Courts Act? Yes 3) If the answer to Question 1 is “Yes”, does the National Court have jurisdiction to deal with contempt offences that fall outside of Section 277 of the District Courts Act, given to it by Sections 155(4) and (6), 166 and 172 of the Constitution? Yes 4) If the answer to Question 2 is “No”, what is the procedure to be applied by the District Court in dealing with contempt offences that fall outside of Section 277 of the District Courts Act? Not necessary to answer 5) Whether the first plaintiff [Geoffrey Vaki] in his capacity as Commissioner of Police has standing or sufficient interest to seek leave for judicial review of the decision of the first defendant [the Chief Magistrate] given on 12 June, 2014, to issue a warrant of arrest against Honourable Peter O’Neill, Prime Minister of Papua New Guinea following an application made by a member of the Police Force. Yes 6) Whether the Commissioner of Police or any other member of the Police Force has power under Section [197] of the Constitution to direct or control another member of the Police Force in the discharge of his/her function under Section 197(2) of the Constitution to lay, prosecute or withdraw charges in respect of an offence or offences. Yes 7) Whether the Commissioner of Police has power under Section 198 of the Constitution to direct or control a member of the Police Force in the discharge of his/her function under Section 197(2) to lay, prosecute or withdraw charges in respect of an offence or offences. Yes 8) Whether the Commissioner of Police or any other member of the Police Force has power under Section 197(2) [of the Constitution] to direct or control another member of the Police Force from executing a warrant of arrest issued by a Court of competent jurisdiction. No 9) Whether having regard to the provisions of the Constitution including Sections 197 and 198 thereof and the provisions of the Police Act the Commissioner of Police may challenge the validity of a warrant of arrest issued by a District Court Magistrate on the application of a police officer. Yes 10) Whether the Commissioner of Police has authority to make decisions or issue directions or orders in relation to members of the Police Force. Yes 11) Whether, in appropriate cases, the function of the Police Force to lay, prosecute or withdraw charges in respect of offences may be subject to direction or control by the Commissioner of Police. Yes 12) Do Sections 155(4), 155(6) and 172 of the Constitution, or any other provision or provisions of the Constitution, authorise the National Court to punish for contempt, a breach of an administrative action or determination by a magistrate of the District Court? Yes 13) Whether, in appropriate cases, the Commissioner of Police may make decisions or issue directions or orders in relation to a warrant of arrest: (a) being withdrawn; (b) not being executed. (a) Yes (b) No 14) Whether the National Court of Justice or District Court has authority to punish the Commissioner of Police for contempt of court for failing to execute or preventing the execution of: (a) a valid warrant for arrest; and (b) an invalid warrant for arrest, issued by a District Court Magistrate. (a) Yes (b) Yes 15) Whether a member of the Regular Constabulary Branch requires the permission of the Commissioner of Police to accept or continue to hold an office in or under the Government or any public or municipal corporation. Yes 16) If the answer to question 15 is in the affirmative, may the Commissioner of Police withdraw such permission at any time? Yes
Posted on: Fri, 03 Oct 2014 04:40:18 +0000
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