The National, Thursday 08th December 2011
THE National Court is expected today to rule on an application by Assistant Police Commissioner (Bougainville) Fred Yakasa to stop his removal as deputy police commissioner operations.
The removal was ordered by the National Executive Council.
Yakasa, through his lawyer, had argued in court that the NEC did not tell him why he was removed, demoted and sent to the Autonomous Region of Bougainville.
But the court cautioned Yakasa that what he was pursuing could put his job at risk given that it was normal police practice to obey official orders from superiors.
Yakasa argued that he was being demoted without cause, which contravened section 49 of the Police Act.
He said under the act, “a person in the deputy commissioner’s post could be removed if he was sick, on leave or become incompetent”.
Yakasa argued that his removal did not fall into any one of these categories.
In the hearings on Monday and yesterday, state lawyers did not appear.
A ruling on the stay application and review is expected today.