Court to review senior police officer’s termination

THE Waigani National Court will be reviewing the termination of a senior police officer.
Plaintiff Johannes Yanaga, who is director of lands and building of police headquarters, was granted leave by Justice Nicholas Miviri on Friday for a review of a decision by Police Commissioner David Manning (first respondent) on Oct 20, last year, terminating him without reasonable cause or explanation.
Yanaga was a commissioned officer, P4890, employed on a three-year contract in accordance with section 133 of the Police Act which by subsection (2), that contract was between the plaintiff and the commissioner.
The court was told that Yanaga was served a letter dated Oct 16, last year, subject of which was the expiry of his one-year contract on March 13, which he denied signing.
Justice Miviri found that there was no material to this effect from the State.
He found that the plaintiff’s evidence did not disclose this contract except one for three years.
The court found that the three-year contract Yanaga entered into with the commissioner was comprehensive and broad in all respects.
It details that one month’s notice would be given to the employee by the employer if he was seeking to terminate it or agreed to for a period agreed with the employer.
Justice Miviri said there was a prima facie arguable case made out by the evidence and that it was clear that even if a one-year contract were entered into with the plaintiff, it would have been sighted.
“It is a document that is accountable, Justice Miviri said.
“It draws the public purse to pay the servant (plaintiff) and would in all fairness be accessible and disclosed.
“It is not the case here and in my view, add favourable to the plaintiff’s cause for leave.”
Yanaga will file and serve the substantive notice of motion on defendants by Feb 22.
The proceedings was adjourned to March 1 for directions.