Judge notes unusual practice

By KARO JESSE
THE National Court has refused to grant an interim injunction order sought by suspended Assistance Police Commissioner (ACP) Sylvester Kalaut to lift his suspension notice and restrain Police Commissioner David Manning from further suspending, arresting or terminating his employment.
ACP Kalaut filed a notice of motion in the court seeking an injunction to lift the fourth suspension notice issued by the commissioner because he had been on a prolonged suspension without formal charges laid against him.
He alleged that his fourth notice of suspension would end tomorrow and he was concerned that the commissioner would impose a fifth suspension.
However, Judge Justice David Cannings refused to grant the relief sought in the notice of motion filed by Kalaut on March 13, because he (Cannings) observed that the matter was an unusual practice in the Police Act and had an arguable case which could be put to trial.
“I see that it is unusual for a member of the police to be treated that way,” he said.
“Looking at the nature of the allegations for which he was suspended, he was dealt with unfairly and harshly.
“Damages in this matter is an important remedy, if the matter is put on trial, Kalaut (plaintiff) can be compensated for damages in breach of his human rights.
“In balance of convenience in the interest of justice, the injunction is refused.
“The applicant is at liberty to file another proceeding if the situation does not change after his forth suspension due tomorrow, to put the matter forward for trial.”
Justice Cannings viewed that granting the injunction would not do any good to him (Kalaut) as there was an arguable case, if successful to claim damages.