Kasieng’s suspension is illegal, says lawyer

National, Normal

The National- Friday, January 28, 2011


Counsel representing suspended West Sepik provincial police commander, Sakawar Kasieng, has notified deputy police commissioner Fred Yakasa that the suspension notice served on his client was illegal. 

In a four-page letter delivered to Yakasa on Wednesday, counsel Peter Sam told the deputy police commissioner that there were no grounds for the suspension of Kasieng as all the accusations against his client were fallacious.

“I have studied the contents of the purported suspension notice, dated Jan 24, 2011, and wish to advice you that the suspension of Chief Insp Sakawar Kasieng from his position as PPC of West Sepik is null and void and has no effect in law or equity,” Sam said. 

He instructed Yakasa to immediately reinstate Kasieng to his former position or risk having a lawsuit filed against him and the state.

“Accordingly, I wish to formally advise you that unless you reinstate Kasieng to his position, he will have no other option but to take immediate appropriate legal action against you without any further notice,” he said.

Sam also said that his client was denied natural justice when the charges were first laid against him as he was not accorded any chance to explain himself to the police hierarchy.   

Kasieng was suspended by Yakasa last week for disciplinary offences which included: 

l Releasing statements to the media which were damaging to the constabulary;

l Illegally authorising the closure of the West Sepik police station; and

l Closure of police station tantamount to discrediting the constabulary’s management.

Sam said that Kasieng did not make degrading comments in the media as there were no specific quotes that could support the claim and that he (Kasieng) was only fighting for the rights of his officer who was assaulted by members of operation Sunset Merona. 

He added that the accusations that his client had shut West Sepik police station was false because the station remained open during the said date and that there was no discredit to the constabulary as the members of the public were not affected of policing services.