Court: Kulunga is top cop for now

National, Normal
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The National,Thursday 26th January 2012

By JUNIOR UKAHA
THE National Court has ruled that Tom Kulunga will continue in his role as police commissioner until the constitutional matters on the row over the position is properly determined.
Justice Catherine Davani however cautioned Kulunga not to usurp the powers of the police commissioner by issuing punitive orders against Fred Yakasa.
She urged all parties involved in the case to maintain civility until the Supreme Court decided on the matter.
Yakasa, who was appointed by the Somare-led group on Dec 12, took the matter to court after he was sidelined by the regime led by Peter O’Neill.
Davani yesterday referred the matter to the Supreme Court for a reserved hearing on Feb 16.
She said the matter had to be adjourned to give time to Yakasa’s lawyer to serve the amended originating summons to all the parties involved in the case, including recent interveners, on or before Feb 2.
Davani said the amendments sought, in her view, were relevant and necessary to provide a foundation for the court to move forward and issue orders.
“I give leave to amend in the form of the originating summons attached to the affidavit of Christopher Niken sworn and filed on Jan 11 by Dotaona Lawyers,” she said.
“I find that I was not misled by the plaintiff. Both parties have put before me all relevant facts.
“All parties who have just joined have followed suit by filing affidavits stating their position.”
In her view, Yakasa’s action had revealed that there were serious issues to be decided by the Supreme Court before the National Court could proceed.
 further.
Davani ordered that the interim injunctive orders of Dec 16, 2011, preventing Kulunga and his agents from arresting, harassing, intimidating, approaching, hindering or interfering with Yakasa, his servants, agents, subordinates and commanders be complied with. And this will be in effect  until after the hearing of the reservation and decisions.
She however explained the extension of the interim order did not make Yakasa and his agents immune to criminal acts while performing their duties as “policemen”.