Leave application dismissed

By BEVERLY PETER
THE Supreme Court has dismissed a leave application to review a decision it made that confirmed Police Commissioner David Manning to his position.
Sylvester Kalaut and Fred Yakasa, who were also shortlisted for the police commissioner’s position along with Manning, filed the application saying the Supreme Court had erred in confirming Manning’s appointment as his contract was not verified.
Justice Derek Hartshorn, presiding in the Supreme Court in Waigani yesterday, said Kalaut and Yakasa had argued that the court’s decision on Dec 23, 2021, had not stated its reasons for confirming Manning’s appointment.
“As Manning’s appointment validity was the primary issue the court was to determine, it was not necessary for us to give reasons for making that decision because the order confirming Manning to his position was the result of the primary issue,” Justice Hartshorn said.
He said he found Kalaut and Yakasa’s argument of the court having a duty to provide reasons for its order as wrong.
“They have failed to demonstrate a clear mistake in their application of facts and law in our decision with regard to term three of the order to strengthen the discretion of the court in their favour.
“Kalaut’s admission of the existence of Manning’s contract supported the view that the validity of his employment contract was the result of the validity of National Executive Council’s (NEC) decision.”
“Reference in the decision of NEC that directed a contract of employment to be prepared for Manning following his appointment as Police Commissioner reinforces the view that it was consequential.”
“To my observation, slip rule application by dissatisfied parties have become frequent these days simply because parties believed they have been denied fair hearing and failed to give serious consideration to the merits of application itself.”
Justice Hartshorn said the application for leave was inappropriate and should not have been brought.
“It was also a waste of judicial time and resources.”
Kalaut and Yakasa had filed a judicial review challenging NEC’s decision for appointing Manning as the police commissioner saying the appointment was unlawful.
Leave was granted and the pair obtained a stay on NEC’s decision on Jan 22, 2021, which had stopped Manning from acting in the position.
On Jan 28, 2021, Manning filed a stay application to set aside that National Court’s decision which was granted.
The substantive matter proceeded to a three-man Supreme Court bench comprising of Justices Hartshorn, Collin Makail and Ere Kariko which found Manning’s appointment to be lawful and confirmed him to his position on Dec 23, 2021.