Court restrains fraud heads

 By DEMAS TIEN

THE Supreme Court has restrained the heads of National Fraud and Anti-Corruption Directorate, Mathew Damaru and Timothy Gitua, from engaging Jema Lawyers and any other law firm to represent them in an appeal filed by Finance Minister James Marape.

Marape’s appeal was related to the decision of the National Court last year which refused to restrain the police from arresting him and Prime Minister Peter O’Neill. 

Justice Derek Hartshorn, Justice Collin Makail and Justice Don Sawong handed a unanimous decision yesterday after reviewing the decision of a single Supreme Court judge Justice Nicholas Kirriwom last August as to whether approval of Attorney-General was required concerning the legal representation of Damaru and Gitua in the case.

The review application was filed by police,  the fourth respondent in the appeal. Damaru and Gitua in their submission stated that their joinder as parties was also as citizens and not only in their capacity as policemen carrying out police duties. 

The court, after considering the submissions and evidence, ruled that Damaru and Gitua were joined to the proceedings as police officers and servants of the State concerning matters arising out of their service and duties as police officers in the course of their employment by the State, they were required to obtain approval of the Attorney-General for their legal representation in the proceeding.

It was in the court’s view that Justice Kirriwom’s decision last year, refusing the application for interim restraining orders filed by police, was erred. 

The court yesterday ordered that the interim injunction be granted, restraining Damaru and Gitua from any legal representation. The court ordered them to make application to the Attorney-General within 14 days to have Jema Lawyers or any other lawyers represent them.

The Attorney General will exercise his duties and responsibilities under the Attorney-General’s Act to respond to the application. 

Meanwhile, the Supreme Court dismissed the notice of objection to competency filed by Damaru and Gitua against the appeal of police.