Court dismisses application by former PM

By KARO JESSE
THE Supreme Court has dismissed an application filed by former prime minister Peter O’Neill to dismiss a proceeding filed by Police Minister Bryan Kramer to review the orders made by Deputy Chief Justice Ambeng Kandakasi on March 5.
O’Neill, through his lawyer, claimed that the proceeding filed by Kramer was an abuse of the court process.
Kramer, through his lawyer Simon Dewe of Jema Lawyers, had filed a proceeding seeking a review of the orders made by Justice Kandakasi in a interlocutory judgment in the National Court in a defamatory case filed by O’Neill against Kramer.
Kramer filed to stay the orders pending the determination of the substantive proceeding.
The orders made by Justice Kandakasi restrained Kramer from interfering in police operations, including receiving public complaints against police.
Dewe contended that the application to review the orders by Justice Kandakasi was not an abuse of process because a previous application for a judicial review was dismissed on competency issues and not on its merits.
O’Neill’s lawyer submitted that the application should be dismissed because Kramer did not exhaust his remedies, which he had in recourse in the National Court to apply to set aside the interlocutory orders.
However, Justice David Cannings upheld Dewe’s submission which stated that Kramer could not apply again in National Court because under the Order 12 Rule 8 (4) of the National Court rules it provides that an order that determines any claim for relief or questions (whether of fact or law or both) arising on any claim for relief may not be set aside.
On March 5, Justice Kandakasi restrained Kramer in his position as Police Minister from interfering in day-to-day police operations.
Kramer was restrained from receiving direct complaints to the police by public.
The matter returns today for hearing.