Liko told to reinstate officer

By CHARLES MOI
A COURT has told Health secretary Dr Osborne Liko that he should ensure that a Public Service Commission (PSC) decision to reinstate a senior health officer is implemented immediately.
A Supreme Court panel comprising Justice David Cannings, Justice Daniel Liosi and Justice Paulus Mapa Dowa ordered Liko to reinstate Paul Dopsie to his substantive position of executive manager corporate services which he held prior to his suspension from office.
“It was the duty of Liko to implement the PSC decision by immediately reinstating Dopsie even though he disagreed with the decision, or thought it would be impractical, or thought that it was better the criminal investigations be completed,” the judges’ ruling said.
“If (Liko) didn’t want to implement the decision, his only option was to apply to the National Court, using the judicial review procedure, and challenge the PSC decision.
“There was no court order quashing or staying the PSC decision. So Liko’s duty was to implement that decision immediately.
“He did not do that. So the trial judge (in the National Court) properly granted an order in the nature of mandamus compelling him to perform his duty.”
Dopsie was employed by the Health Department on a contract for three years until Dec 21, 2021.
On Nov 29, 2019, then Health secretary Pascoe Kase suspended Dopsie from office over certain allegations.
On Nov 3, 2020, the PSC ordered that Dopsie be reinstated.
Liko, who was appointed Health secretary in October, 2020, refused to reinstate Dopsie. Dopsie then filed a case in the National Court.
On Sept 20, 2021 the National Court ordered the Health Department to reinstate Dopsie as executive manager corporate services.
Liko, the State and the Health Department’s acting chief manager Pala Vanuga appealed the National Court’s decision in the Supreme Court, which dismissed the appeal.
The judges added: “Costs will be awarded against the appellants on a solicitor-client basis due to the serious disobedience of the PSC decision and the frivolousness of the appeal. We are also concerned that the order of the National Court has not been complied with, 14 months after it was made.”