Court orders arrest of 22 released on rights grounds

BY Max Aumora Jr
The Supreme Court has ordered police and Correctional Services in Kimbe to rearrest 22 prisoners released by the National Court on human rights grounds last month.
By yesterday, 10 had been arrested and were back in custody while 12 were still at large.
The 22 prisoners from Lakiemata Prison were sentenced for various offences.
They each filed human rights applications in the National Court seeking to enforce their rights under the Constitution.
They alleged that they were not considered for parole when they were entitled to it and then sought the intervention of the court which on July 28 last year ordered the Parole Board to hear their applications.
The applications were not heard.
On May 25, in the National Court, in Kimbe, West New Britain, Judge David Cannings, ruled that their rights had “been infringed”.
He said the prisoners were eligible for parole, had served a considerable period in custody and that at no time had Correctional Services objected to their applications on disciplinary or behavioural grounds.
Cannings ordered that they be “released from custody forthwith”.
He placed conditions on their release but State lawyers filed an appeal and a stay application three weeks ago on May 31.
The court granted a stay of the decision of the National Court and ordered that the 22 prisoners be arrested and detained and in an inter-parte hearing on Wednesday last week the court reconfirmed its decision to have the 22 arrested.
The court ordered that they continue serving their sentences pending a ruling on the appeal.
The appeal case is set down for directions hearing later this month.