Judge begs off from hearing Huafolo’s case

A NATIONAL Court judge has disqualified himself from presiding over a suit initiated by Police Association challenging the reinstatement of Raphael Huafolo to the Police Force.
Justice Derek Hartshorn last Friday told parties the matter was being transferred to Deputy Chief Justice Sir Salamo Injia and parties would make their appearances on Thursday.
“Two days ago (last Wednesday), I granted leave to (Police Commissioner) Gari Baki for him to apply for judicial review in relation to district court committing him to stand trial before the National Court on charges under Section 136 of the Police Force Act,” he said.
“I do not believe it was appropriate that I continue to hear this matter.
“I apologise, I did not
realise,” Mr Hartshorn said and adjourned the matter to Thursday.
Mr Baki is the second defendant in the proceeding initiated by the association, as it was his action through a decision to reinstate Mr Huafolo as Assistant Police Commissioner responsible for the Crimes Directorate.
The State is the third defendant.
Meanwhile, there is still confusion over which lawyer firm or lawyers should represent Mr Huafolo in the case.
Moses Murray, who convinced Justice Hartshorn to grant leave for judicial review for his client Mr Baki, briefly
appeared on Friday unattired.
While seeking apology for his unattired appearance, Mr Murray told the court that Mr Baki had spoken with the Attorney-General’s office for him
to also represent Mr Huafolo.
And he was still seeking instructions on this.
“There has not been any indication. As of late this morning (Friday) at 11am, I was at the Solicitor General’s Office to consult Mr (David) Lambu but he was not available to grant me the instructions.”
“I am really in doubt as I stand before you,” he said.
The Police Association is being represented by David Dotaona from Dotaona lawyers.
The case proceeds at 9.30am on Thursday.
 

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