By DAPHNE WANI
The National Court on Friday quashed a decision by Police Commissioner Gari Baki to dismiss former Assistant Commissioner of Police, crimes, Thomas Eluh two years ago.
Justice Collin Makail also refused to grant an order for Eluh’s reinstatement.
He ordered that given the finding that the dismissal was illegal, Eluh was entitled to damages.
The court found that Eluh was dismissed 10 months after his contract of employment had expired.
“Secondly, the relationship between Eluh and the upper command structure of the force had deteriorated to a degree that his resumption would have an adverse effect on the force,” Makail said.
Eluh served a three-year contract from July 15, 2013, to July 15, 2016.
He led a team, including Chief Inspector Timothy Gitua, to investigate an allegation of fraudulent payments of public funds authorised by the prime minister to Paul Paraka Lawyers.
Eluh accompanied the former police commissioner, Sir Toami Kulunga, and Gitua on June 16, 2014, to serve a warrant of arrest on the prime minister.
Following that, Sir Toami was replaced as commissioner and Geoffrey Vaki was appointed by the National Executive Council chaired by Prime Minister Peter O’Neill.
Acting Deputy Commissioner of Police, operations, Jim Andrews on June 20, 2014, suspended Eluh for insubordination.
After Vaki was replaced by Baki on May 7, 2015, he lifted the suspension and after a week, on May 25 2015, directed Eluh to take a transfer.
Eluh requested for more time due to short notice but was suspended by Baki for insubordination.
He was charged on July 31 by Acting ACP, operations, Raphael Huafolo and based on the disciplinary officer’s report, Eluh was dismissed on Sept 23, 2015.
By DAPHNE WANI