Baki seeks judicial review of NEC’s decisions

By DEMAS TIEN

POLICE Commissioner Gari Baki is seeking a judicial review of two decisions made by the National Executive Council (NEC) regarding the establishment of the Investigation Task Force Sweep (ITFS).
Lawyer Stanley Poga, representing Baki, told the Waigani National Court that Baki was seeking to review the NEC decision of Aug 11, 2011, which established the ITFS, and July 23, 2013,  decision which permitted the establishment of a permanent office for ITFS.
Justice Leka Nablu was reluctant to hear Baki’s application for leave for judicial review yesterday because the State’s lawyer, from the Office of the Solicitor0General, was not present in court.
Justice Nablu adjourned the matter to next Tuesday (June 6) for hearing.
She said despite court documents being served to the State within reasonable time, the court saw no urgency to hear Baki’s application in the absence of the State lawyer.
The court ordered that the Solicitor-General sends one of their lawyers to appear in court next Tuesday to represent the State for the hearing of Baki’s application.
The court also ordered that former ITFS chairman Sam Koim was at liberty to seek leave of the court to make submissions on Baki’s application.
Koim appeared in person and informed the court that he was no longer the ITFS chairman because ITFS no longer existed as it was disbanded by NEC in 2014.
In the amended originating summons filed by Baki last Friday, he sought leave of the court to review the NEC decision on Aug 11, 2011, to establish and appoint the ITFS to carry out criminal investigations, lay charges, and prosecute offences independently without being accountable to the Office of the Commissioner of Police.
He also sought leave of the court to review another NEC decision on July 23, 2013, to establish a permanent office for ITFS to continue to carry out criminal investigations, lay charges, and prosecute offences independently without being accountable to the office Of the Commissioner of Police.