Lawyers: Police must respect court orders

National, Normal
Source:

The National, Friday 10th Febuary 2012

By PETER MARTINEZ
THE police are being urged to respect and give effect to court orders and not go against them.
A group of lawyers said yesterday many Papua New Guinean lawyers were greatly concerned at recent events involving the O’Neill-led government and the judiciary following the latest suspension of Chief Justice Sir Salamo Injia.
They were particularly concerned about orders of the court not being given effect by the police and the O’Neill group.
They said in a statement two orders of the Supreme Court remained in effect – staying the suspension of Chief Justice Sir Salamo Injia – one made last November by Justice Bernard Sakora sitting alone and the other on Feb 2 by a three-judge court comprising Sir Salamo and Justices Sakora and Nicholas Kirriwom.
The lawyers said members of the police force had prevented Sir Salamo from accessing his chambers on Feb 3 in direct contravention of Supreme Court orders.
They said there was a proper legal process to follow if anybody disagreed with stay orders made by the courts.
“It is not an option for any party, and especially the police force, to not follow a Supreme Court order and to act in contravention of it.
“It is this fact that members of the police force acted in contravention of the two Supreme Court orders; that is of particular concern to lawyers.
“In the legal system that PNG has, it is the duty of the police to enforce orders of courts.
“Without this sanction, court orders do not mean much and the rule of law is seriously undermined.”
It is the duty of the attorney-general to advise and ensure the government and the police, as part of its constitutional functions and duties, followed proper legal processes.
The question of which group was the legal government of the country is now before the Supreme Court and it was critical all parties respected court orders, followed due processes and upheld the rule of law.
“The primary concern of the lawyers in this group is that court orders must be followed and given effect unless set aside or appealed against.
“We are calling on everyone involved that there must not be improper interference in the judicial arm of the government by anyone, especially the executive government.”
A spokesman for the group, John Nonggorr yesterday said 50 concerned lawyers had gathered at the University of Papua New Guinea, in Port Moresby, last Sunday and decided to form a group outside the PNG Law Society to advocate and act on certain basic principles to be recognised and maintained.
“We formed an interim committee of 12 members and will decide what to call the group when we meet again next week.”