Judge surprised with officer’s 24-year service without commission

By BEVERLY PETER
IT is careless and extraordinary for the Papua New Guinea Defence Force (PNGDF) to allow an officer to serve 24 years without holding any commission, a judge say.
Judge David Cannings said this on Friday in the Waigani National Court in dismissing complaints of a former PNGDF major Albert Navara, against former commander, major-general Gilbert Toropo, the State and two others.
“It is by law that officers in the regular defence force hold either permanent or short service commission to lawfully be regarded as a member of the force,” he said.
“It is both the responsibilities of the defence force and the member of the defence force who are treated as one to make sure that they hold a commission in the force.
“Despite not formally holding any commission, Navara was treated for all intent and purpose as a member of the defence force and promoted to the rank of lieutenant, captain and major and was paid accordingly.” Justice Cannings said: “In 24 years, Navara worked in the PNGDF, was paid for his work and afforded service entitlements as if he was lawfully holding a commission in PNGDF even though he was not.”
He refused to accept that Navara’s removal from PNGDF was unlawful as his three-years short-term commission expired in 1991 after his enlistment in 1988.
“There is no provision in any law for automatic renewal of a short service commission.”
Navara complained that his removal on Oct 26, 2019 was unlawful and claimed his unpaid salary and other entitlements as he alleged that he was unlawfully removed from the payroll on Oct 29, 2015.
After his short term commission expired in 1991, Navara continued his service without formally renewing his commission to state whether a short term or permanent commission.
Navara was removed from payroll on Oct 29, 2015, and was discharged from the defence force on Oct 26, 2019. Navara complained that he was unlawfully removed from the payroll and claimed that he had continued his service from Oct 29, 2015, to Oct 26, 2019, and wanted his unpaid salary between those times.
Justice Cannings said there was no need for the PNGDF to formally discharge him as he was not an official member of the defence force.
He dismissed all proceedings of Navara’s complaints and claims together with related matters and ordered the parties to bear their own costs.