Court says no to PM

 By CHARLES MOI

PRIME Minister Peter O’Neill and Finance Minister James Marape have failed in their bid to stop the police from arresting them after the National Court threw out their applications for a stay order in Port Moresby yesterday.

Justice Ere Kariko told a packed courtroom that it would not be in the interestof justice or the public that lawful investigatory authorities be prevented from performing their functions.

He said there was no evidence that the current criminal investigations of the plaintiffs in connection with K71.8 million paid to Paul Paraka Lawyers were the work of “rogue policemen”.

“Or that the investigations are politically motivated as described by the prime minister in his affidavit,” he said when dismissing their applications which were heard jointly.

Justice Kariko said whether Acting Police Commissioner Geoffrey Vaki would proceed with the arrests was a matter for the latter to decide.

“He does not need this court’s endorsement on how he should discharge his constitutional duties and functions,” he said in his 16-page judgment.

The National understands that the Waigani District Court will today hear an application by Vaki to set aside the warrant of arrest for O’Neill.

He filed the application on Friday, a week after he was appointed to replace Toami Kulunga as police commissioner.

The courtroom was silent as Justice Kariko read out his judgment, which took about 30 minutes. The substantive matter is to return to the court on July 9 for mention.

Justice Kariko said he could not see the relevance of the interim orders when the substantive matter was an application for the court to grant an order for taxation and costs.

There were no serious question to be tried in the substantive proceedings, he said.

The warrants were issued after the head of the now-disbanded Task Force Sweep, Sam Koim, decided that there was sufficient evidence for a case against the prime minister over the K71.8 million paid to Paraka Lawyers supposedly for legal services from 2012 to 2013. The police subsequently requested O’Neill to submit himself to an interview.

At a press conference at Parliament House yesterday, O’Neill said he respected the court’s decision. 

“We as leaders must respect the decisions and the independence of the courts that we have in our country.”.

However, he said the judge did not deal with the substantive matter which was the taxation of the bills from Paraka Lawyers.

He said he was available to assist the police at all times and that there was no need for a warrant of arrest.

“It is not necessary for a warrant to be released to the leader of our country. This is a very bad precedent,” he said.

“We must not only respect the highest office of this land, but we must uphold the integrity of that office.”