Court orders removal of roadblocks

By JACOB POK
THE National Court hearing the case of the revocation of appointment Fred Yakasa as police commissioner yesterday ordered Tom Kulunga to remove police road blocks leading to the court house at Waigani.
The order was issued by presiding judge Justice Catherine Davani when she noticed that Yakasa’s lawyer David Dotaona was not present to make his application when the court resumed at 9.30am yesterday.
Davani was disappointed that the case had dragged on for too long.
“This is a court of law and citizens have the right to freely attend court proceedings,” she said.
She said such roadblocks could intimidate citizens, including Dotaona, from attending court as there were allegations of threats and intimidation by parties involved in the matter.
Davani had to adjourn the court for 30 minutes to give time for lawyers helping Kulunga to advise their client to remove the roadblocks.
The roadblocks started last week when heavily armed policemen guarded the roads leading to the court as the case got underway.
On Davani’s orders, the roadblocks were cleared, making way for the public and court officials to pass through.
When the court resumed at 11am, Dotaona arrived a few minutes later and took his seat.
He made his application seeking leave to amend several paragraphs in the originating summons.
The application was opposed by the defendant’s lawyer Alice Kimbu and state lawyer Loani Henao who argued that the application had raised a new course of action and was not in line with those that were pleaded in the originating summons.
Henao argued that the supporting affidavits in the application were from a police officer who was not a plaintiff in the proceeding.
Dotaona argued that his client had complied with all legal criteria and there was no new course of action.
The parties argued on the orders the court issued on Dec 16 last year, restraining the defendants from arresting Yakasa.
Davani adjourned the matter to next week (indefinite date) for the rulings.