Attempt to dismiss court action refused

By BOURA GORU KILA
AN application by Police Commissioner David Manning seeking to dismiss an entire proceeding against him was refused in the National Court yesterday.
The proceedings styled HRA 57/24 was instituted by suspended police detective Snr Sgt Tinol Pakiapon, who was investigating allegations against Manning until May 1 when he was arrested and charged with causing dissatisfaction to the constabulary under the Police Act.
The application by way of a notice of motion, filed on May 21, was moved by Manning’s lawyer Randolph Lains, from Hardy and Stocks Lawyers.
He was seeking to dismiss the entire proceedings, submitting that Manning was not named in his official capacity as the police commissioner, and alternatively seeking to have Sgt Tinol pay a security deposit concern of K30,000 into the National Court trust account, before proceeding on the basis that there was an earlier order in another matter that was dismissed by Judge John Carrey on April 13.
National Court Judge David Cannings refused the motion for dismissal, saying he did not agree that the failure to name Manning in his official capacity as the police commissioner was a matter of consequence in relation to the proceedings.
“I refuse the motion for dismissal of the proceedings.
“I do not agree that the failure to name the defendant in his official capacity as police commissioner is a matter of consequence in relation to this proceedings,” Cannings said.
He upheld Sgt Tinol’s submissions through his lawyer Felix Kua, who submitted that naming Manning in his official capacity was not necessary because this was a human rights case applying for immediate relief against the alleged unlawful entry by police officers into Sgt Tinol’s residence.
Manning’s lawyer Lains submitted from the bar asking court to ban media from reporting on the case, given its nature, but Cannings told him to file a proper application in court.
As for the other relief regarding security deposit concern of K30,000 Cannings also refused it, saying it was too harsh, especially when that was a separate matter altogether.
He said the proceedings should be seen separately.
In another application by the State to join the proceedings as a defendant, Judge Cannings granted the application and ordered that Manning be regarded as the first defendant and the State second defendant in the proceedings.
He also ordered that parties bear their own costs.
Cannings did not hear Sgt Tinol’s application since the State had joined as a party and that they needed to be served a copy of his application.
He adjourned the hearing of Sgt Tinol’s application to Tuesday.
The adjournment will allow for service of the application to the newly-joined party.
He also reinforced his previous orders made on May 10, restraining police from entering his home or approaching him or members of his family, unless ordered to do so by a court of law.
Meanwhile, Sgt Tinol’s committal matter on his criminal charge will be heard today (Friday).