Case against Baki dismissed

National

The Waigani National Court has dismissed an application filed by former Assistant Commissioner of Police Victor Isouve against the Commissioner of Police Gari Baki and his deputy (operations) Jim Andrews.
Isouve faced 13 disciplinary charges, insubordination being the main one, and was suspended by the commissioner on March 23.
He filed an application in the National Court through his lawyer to stop the suspension. Directions were issued for the matter to proceed to trial.
On Aug 1, Isouve was demoted to the rank of chief superintendent after he was found guilty of the charges.
His lawyer had filed an application to stop the enforcement of the penalty pending the substantive hearing.
Baki’s lawyer had also filed an application to dismiss Isouve’s application seeking judicial review and the interim to stay the suspension and both applications were argued on Sept 3.
Isouve’s lawyer argued that there was a serious breach in employment contract and that he should be maintained in his position pending the substantive hearing.
Baki, through his lawyer Paul Nii, argued that there was no valid cause of action before the court and further submitted that the purpose of the leave to review the judicial review had already been overtaken by change of events when he was demoted.
He further submitted that any subsequent cause of action would amount to an abuse of the process of the court which may then render everything futile and asked the court to dismiss the proceeding.
Baki was so vocal about discipline in the force. He was more concerned about ill-disciplined officers and their actions and hence he had been in the forefront to restore some confidence and such action to demote the former ACP crimes was in line with his tough stand to uphold the code of practice and standard.
After hearing all the arguments, Justice Royale Thompson dismissed the entire proceedings against Baki.
Isouve said his lawyer was working on the next cause of action.