Judge says evidence leads to arrests, not interviews
The National, Wednesday July 2nd, 2014
A FORMAL interview is not a pre-condition to effecting an arrest of a suspect, Justice Ere Kariko says.
He told the Waigani National Court yesterday that police were entitled to arrest a suspect based on the evidence they had.
“This evidence may or may not include any statement from the suspect by way of a record of interview of otherwise,” he said when rejecting an application by the prime minister to stay a warrant of arrest.
“If the law requires that an alleged offender cannot be arrested without a warrant such as pursuant to section 87(2) Criminal Code, the police must obtain the warrant before arresting the suspect.”
A similar application was made by Finance Minister James Marape and both were heard yesterday.
The warrants relate to K71.8 million paid as legal fees to Paul Paraka Lawyers which have been questioned.
Justice Kariko said although the validity of the warrant of arrest issued against the prime minister was not an issue in the hearing, it was argued that the warrant was wrongly issued because no arrest could be made until after a formal interview, to accord with the rules of natural justice.
“This is a misconceived submission. The police are entitled to arrest a suspect based on the evidence they possess,” he said.
“I consider an arrest to be an integral part of the investigatory functions of the police.
“To my mind, the amended restraining orders sought would still amount to interfering with police functions.”
He said there was a prima facie case that in the interests of justice or the public interest, the application for an interim restraining order be denied.
On the claim that there was a “rift” within the police force caused by the investigators, Justice Kariko said it was speculative and without proper evidence.
He said that under the Constitution, the administration and control of the police force was vested in the police commissioner.
“Administrative matters are for him to resolve and not this court.”
He ordered all parties to bear their costs.