Leave granted for judicial review of firing of officers

The National National

A JUDGE has granted leave for a judicial review of a decision by the Royal Papua New Guinea Constabulary to suspend 31 policemen on probation in April last year.
Justice Leka Nablu, in the Waigani National Court on Friday, made an order that the plaintiff, Francisco Thomas, acting on behalf of himself and 30 others, file and serve a notice of motion for judicial review within 14 days so the matter can return for a directions hearing on March 11.
The decision for suspension was an outcome of an incident on March 17 last year, where it was alleged that several probationary constables went into the dormitories of the new recruits at Bomana Police Training College and physically and verbally assaulted them.
On March 18, the plaintiffs were verbally suspended and brought into police custody by college commandant Superintendent Peter Philip, and on March 29, the plaintiffs were served with three serious disciplinary charges.
Justice Nablu upheld submissions filed by lawyer Greg Konjib on behalf of the plaintiffs that his clients were unlawfully dismissed from the force. Nablu also found that the plaintiffs’ case had also met the four requirements for proceeding to a judicial review because they proved:

  • Their case had issues standing;
  • that the case was arguable;
  • that all administrative avenues were exhausted; and,
  • That there were delays in the process.

Konjib, in his submissions, sought relief to quash his clients’ dismissal from the police force, and for them to be reinstated and be paid of all loss of entitlements. Konjib told the court, this was because proper disciplinary processes were not followed.
Meanwhile Konjib told The National that under the law the police commissioner’s decision was final.
“There is no police tribunals to hear any complaints so the only option was to go to court,” he said.
“There were 37 officers who were suspended, but we represented only 31. These were probationary constables, they passed all their tests and met all requirements, and they were given regimental numbers, uniforms, and were waiting for their postings.”