Baki seeks review of sacking

FORMER police commissioner Gari Baki is seeking the court’s help to determine the legality of his sacking in order to maintain proper processes of hiring and firing, his lawyer Francis Kuvi says.
Kuvi, of Elemi Lawyers, applied for leave of court to review Baki’s removal from office, arguing that even though his term was over, the manner in which he was sacked from the acting role was unconstitutional and should be reviewed.
“My client does not want to be reinstated. That is not the relief we are seeking. He knows that his term was up, but the process in which he was removed was flawed,” Kuvi told Justice Royale Thompson at the Waigani National Court.
Kuvi said on July 5, Police Minister Bryan Kramer notified Baki to cease the role in a letter dated July 4.
Baki called Kramer at 1pm and told him that the letter did not contain a National Executive Council decision and within that time until 5pm, NEC met and decided to sack him.
Kuvi said it was suspicious that Kramer was able to organise a NEC meeting to remove Baki, appoint Francis Tokura in his place and have the decisions gazetted on the same afternoon.
Kuvi said there was no consultation among NEC, the Public Service Commission, the Permanent Parliamentary Committee and Head of State to sack Baki.
He further said the argument that Baki had gone past the retirement age of 60 was wrong as Section 91(1) of the Police Force Act allowed for the commissioner and deputy commissioner to retire according to contracts or conditions of appointment and not according to age limits.
State lawyer Derek Wood, of Ashurst Lawyers, objected saying the NEC made the decision to sack Baki because the process undertaken in appointing him as acting police commissioner did not satisfy constitutional requirements and Baki had also gone past the retirement age and was not qualified to continue on the acting role.