Applications by Damaru, Baki to retain private lawyers dismissed

A COURT has dismissed two applications filed by Fraud and Anti-Corruption Directorate (DFACD) director Matthew Damaru (plaintiff) and former police commissioner Gari Baki (second defendant) seeking to retain private lawyers from Jema Lawyers and Greg Egan and Terrence Lambert to continue to represent them in a proceeding of 2016.
Justice Kingsley Allen David ordered that the second defendant’s application was dismissed, the plaintiff’s application was dismissed, the interim restraining orders granted on April 18, 2016 were dissolved and discharged as the suspension of the plaintiff was lifted, parties to bear their own costs and time was abridged.
The ruling on both applications was reserved subject to the Supreme Court giving its opinion on questions raised in Special Reference No. 3 of 2016 filed on March 17, 2016 particularly on the question of retainer or until further order of the Supreme Court.
Justice David said: “In this case the exercise of the courts inherent jurisdiction is not being invoked to regulate the practice of the court.
“The exercise of the courts inherent jurisdiction as a superior court of law to grant the relief sought would be in conflict with Section 7 (1) of the Attorney General Act.”
The court heard that Damaru was the director of Fraud and Anti-Corruption Directorate until suspended on allegations of failing to obey a lawful order issued by the then acting assistant commissioner of police, crimes, Victor Isouve (first defendant), to provide a progress report about a purported unauthorised fraud investigation into the Simbu provincial administration.
The matter proceeded in court and Justice David granted certain interim restraining orders pertaining to the suspension.
At the commencement of the hearing, Justice David was told that the suspension was lifted but he proceeded to hear the applications.