VAKI HAS NO POWER TO STOP COURT ORDER The Supreme Court had ruled on Thursday 2 October that Police Commissioner Geoffrey Vaki has no power or authority to issue directions to a member of the police force when a court order allowing a warrant of arrest for Prime Minister Peter O’Neill is in force. The five-men bench Supreme Court handed down this ruling on special reference numbers 2, 3 and 5 of 2014, which is in relation to the warrant of arrest issued on June 12 by the Waigani District Court to have Mr O’Neill arrested for his alleged part in authorising the release of fraudulent payments totalling millions of kina to the country’s leading law firm, Paul Paraka Lawyers. The arrest warrant was issued by the district court after members of National Fraud Squad made a request to the Chief Magistrate Nerri Eliakim. They applied for the warrant against Mr O’Neill on official corruption charges after finding that he (O’Neill) was implicated for authorising the payments of K71.8 million to Paul Paraka Lawyers. Last Thursday the court found out that `the Commissioner of Police or any other member of the police force has no 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 Court of competent jurisdiction. The 59 page judgment in part reads; “In our opinion the warrant issued by the Chief Magistrate on 12 June 2014 is an order of the District Court and Commissioner therefore has no power to direct or control Chief Inspector Gitua as to how and when he should execute it.” The court also ruled out that the Commissioner of Police has authority to make decisions or issue directions or orders in relation to members of the police force. However, the Police Commissioner cannot make any decisions or issue directions or orders in relation to a warrant of arrest not being executed, the court said. Failing to execute or preventing the execution of a valid or an invalid warrant of arrest, the national court or district court has the authority to punish the Police Commissioner for contempt of court. Opposition Leader Belden Namah had welcomed the court’s decision. Mr Namah said court orders are not to be impeded by anyone and he urged Mr O’Neill to accept the court ruling. Mr Namah had also warned the police and military not to impede the court order and the decision because failing to comply with the court orders will amount to contempt of court and treason for disciplinary officers who swore an oath of allegiance to up hold the rule of law. Attorney General Ano Pala had also welcomed the ruling of the Supreme Court. Mr Pala said the ruling on the interpretation of the Constitution in relation to the powers of the Police Commissioner is indeed significant and positive for administration of the police force. “So often the work and conduct of the police force has been undermined and this ruling by the higher courts has shed clarity of the Commissioner’s powers,” Mr Pala said in a statement. Mr Pala also stated that execution of the warrant of arrest has been stayed by the National Court pending the judicial review filed by the Police Commissioner. This means police cannot execute the arrest warrant by arresting the prime minister. “This is still in force. Those who might attempt to carry out the execution of the warrant of arrest can be subject to contempt of court order,” Minister Pala said.
Posted on: Mon, 06 Oct 2014 03:46:27 +0000
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