Extracted from the Supreme Court judgement today. 16 Questions and Answers from Supreme Court (5 men bench) judgment seat. ANSWERS TO 16 QUESTIONS Question /Answer 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: Thu, 02 Oct 2014 03:40:02 +0000
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