Court rules to bar arrest attempts on PM, for now. Justice Cannings quoted evidence shown proved an abuse of power by the police forces. By Cedric Patjole, Oct 23, 2014. PNG Loop The Supreme Court in Waigani has just granted an interim injunction against the arrest of Prime Minister Peter O’Neill. They also granted interim restraining orders against any violence, threats of violence, and harassment and intimidation against O’Neill, members of his security unit, and lawyers and officers of the court involved in the National Court proceedings relating to the warrant of arrest issued against O’Neill. The Supreme Court application was filed on behalf of James Marape, with O’Neill, the State and Ano Pala as respondents. A three man bench lead by Justice David Cannings, along with his brother judges, Justice Derek Hartshorn and Justice Collin Makail granted the orders today after they were sought by O’Neill’s lawyer, Mal Varitimos. The orders were sought in relation to a recent attempt by police officers, who Varitimos said were members of the fraud squad who had attempted to serve contempt charges against the Prime Minister by way of threats of violence and harassment and intimidation. He told the court how hired vehicles carrying members of the mobile squad had surrounded the Prime Minister’s Security Unit and attempted to serve court papers. Varitimos said getting mobile squad officers in vehicles, some unmarked, and surrounding the Security Unit of the Prime Minister was an act of harassment and intimidation, and was an attempt to interfere in the work of the PM. Varitimos also submitted the same had been done to lawyers Tiffany Twivey-Nongorr, Ralph Saulep & Sam Bonner, defending O’Neill, the State and the Police Force respectively in two National Court proceedings. He said instances of verbal harassment and intimidation had been made against Twivey-Nongorr and Saulep, which had caused them to be fearful of their safety, their families and staff. He also mentioned the assault of Sam Bonner in the court premises during an arrest on him. He also told the court of new contempt proceedings filed by Damaru and Gitua against those who they alleged stopped them from executing the warrant of arrest on O’Neill.. The submissions were supported and consented to by all parties. Earlier, McRonald Nale, on behalf of Sam Koim, Damaru and Timothy Gitua, made a verbal application to join the hearing of the application. Varitimos objected, saying it was not a proper application and asked for it to be dismissed. The Supreme Court upheld Varitimos’ objection. After a short break, the bench returned and unanimously granted the orders. Justice Cannings said that it was important that the Prime Minister be allowed to discharge his duties without harassment and intimidation, as well as close working colleagues such as the Attorney General. He said based on the facts, there was unnecessary harassment and intimidation against O’Neill, his lawyers, members of his security force and other parties. Cannings said the recent contempt proceedings filed by fraud officers against Police Commissioner Geoffrey Vaki and senior management of the police force, and other police officers, was premature and unnecessary. The bench considered it an attempt to harass and intimidate. A stay order has been issued on the contempt proceedings that were filed. He said the current National Court proceedings, which is the judicial review into the warrant of arrest and the contempt proceedings against Vaki , must be left to run. Further, the evidence shown proved an abuse of power by the police forces said Cannings. The injunction against the Prime Minister’s arrest remains in force until the court rules otherwise. pngloop/2014/10/23/court-rules-bar-arrest-attempts-pm-now/
Posted on: Thu, 23 Oct 2014 05:43:07 +0000
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