National Court judge, Justice Les Gavara-Nanu, is expected to refer a constitutional reference to the Supreme Court tomorrow, over the validity of the warrant of arrest on Prime Minister Peter O’Neill. This is an option being looked at by the judge after hearing a notice of motion filed by Police Commissioner Geoffrey Vaki questioning the validity of the warrant obtained by Fraud Squad detectives. Hearing of the motion was adjourned from this morning to the afternoon after Gavara-Nanu told lawyers to discuss and decide on how to proceed with the motion as there were many questions raised. One question is on the constitutional powers of the Police Commissioner and the other on whether the Commissioner is the appropriate plaintiff or should it be O’Neill, who is named as the second defendant. Chief Magistrate Nerrie Eliakim is the first defendant, while the State is the third defendant. Vaki has stated in his affidavit that, in his view, incorrect processes were followed and if not corrected, it would remain an inappropriate precedent. He stated in his affidavit that he sought a decision that would quash the decision by the Chief Magistrate to issue the warrant of arrest. Gavara-Nanu said if Vaki was questioning the validity of the warrant taken out by his own officers and seeking a National Court relief to quash the decision of the District Court, then serious constitutional issues would be raised relating to the powers of the Commissioner. In this instance, a Supreme Court bench would be the proper jurisdiction to deal with it. Gavara-Nanu also said Prime Minister O’Neill could not be a defendant as the warrant is issued against him and therefore should be a plaintiff. He said amendments had to be made to the documents and presented to him before he decided to refer the constitutional questions to the Supreme Court. Lawyers agreed to make amendments to have O’Neill as the second plaintiff in the motion and will present it to court. Gavara-Nanau adjourned the matter to 9am tomorrow. - See more at: pngloop/2014/07/17/pm-warrant-back-court-9am/#sthash.2bsEYKb7.dpuf
Posted on: Thu, 17 Jul 2014 11:51:40 +0000
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