07-01-2014, 03:28 PM
From The Loop:
Stay on PM arrest warrant refused
Cedric Patjole Jul 1, 2014
The National Court has refused the stay application on the warrant of arrest on Prime Minister Peter O’Neill.
The ruling handed down by Justice Ere Kariko at about midday reiterated questions raised by Kariko during hearings of the application of why the court should interfere in the constitutional role of the police.
In his ruling, Kariko said police were not a part of the substantive proceedings, which the stay application stemmed from. He also said the application was not directly associated with the substantive proceedings, which is to determine the legality of the legal bills paid to Paul Paraka Lawyers through taxation.
The judge said the submissions by Mal Varitimos on behalf of the Police Commissioner Geoffrey Vaki, that the court has jurisdiction to stay a criminal investigation in support of the stay application was ‘forceful’ and he did not adequately explain why the court should interfere.
Kariko said the court had jurisdiction but should only exercise it in special circumstances. He said a stay granted while the substantive proceedings was yet to be determined was not a special circumstance.
The judge also said the submissions by O’Neill’s lawyer, Tiffany Twivey-Nonggorr, that there was abuse of process and the arrest warrants were the work of rogue police men and were politically motivated, was only speculation. There was no evidence to prove those assumptions.
By law, Kariko said an interview was not a formal precondition before an arrest was made.
He said it was a prima facie case and it was in the interest of the country that the police not be restrained from carrying out their duties by the court.
The issue of the warrant of arrest had been given back to Acting Police Commissioner, Geoffrey Vaki, whether to proceed with it or withdraw it.
The proceedings filed by James Marape for taxation of bills to Paul Paraka Lawyers has been set down for July 9th and will be heard by Justice Catherine Davani.
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