Court dismisses bid to stop review of Cabinet decision

By KARO JESSE
THE National Court has dismissed an application for a summary determination of a judicial review filed by two former senior police officers.
Both senior officers, former assistant commissioner of police (human resource) Sylvester Kalaut and former deputy commissioner (operations) Fred Yakasa were granted leave by the National Court to review the appointment process of Police Commissioner David Manning.
The application was filed by the National Executive Council (NEC), minister for police and minister for public service yesterday.
NEC’s lawyer argued that the procedures were followed in the appointment and that Manning’s appointment was recommended by NEC and was approved by the Head of State.
The lawyer further argued that the recommendation and criteria checks were duly endowed by the public service commissioner before it went to NEC for recommendation.
The NEC lawyer was relied on an affidavit by Department of Personnel Management secretary Taies Sansan.
However, lawyer representing Kalaut and Yakasa, David Dotaona argued for the court to withdraw affidavit by Sansan as she was not a defendant in the matter.
Dotaona further argued Sansan’s affidavit was a legal submission and lacked facts.
He said the issues she raised could be raised by the Public Service Commission who were a party in the proceedings.
Manning’s lawyer McRonald Nale informed the court that senior officers mistakenly submitted that the police commissioner was also the head of the Police Department.
However, Justice David Cannings dismissed the application as the matter was already set for trial.
Justice Cannings found that Nale’s submission on the position of police commissioner as the departmental head could be raised in a trial.
He said the issues regarding unconstitutionality of police commissioners being also the departmental head could be filed in an application in the Supreme Court for interpretation.