Manning still police chief

By CHARLES MOI and MIRIAM ZARRIGA
POLICE Commissioner David Manning has re-committed himself to leading the constabulary after the Supreme Court confirmed his appointment and dismissed an earlier court ruling that it was “unlawful”.
“I continue to be committed to lead the (constabulary) and its members in transitioning it into a force that we can all be proud of. It will be a challenging journey but not an impossible one,” he said.
The Supreme Court panel of Justice Derek Hartshorn, Justice Collin Makail and Justice Ere Kariko agreed to dismiss the National Court ruling on Jan 22, 2021 that declared Manning’s appointment unlawful.
Manning and the Government filed an appeal in the Supreme Court against the Jan 22 decision in which Justice David Cannings ruled in favour of two former senior police officers who had argued that Manning was not qualified to hold the position.
The court was told that on Dec 10, 2019, Manning was appointed commissioner and secretary of the Police Department by the Governor-General on the advice of the National Executive Council.
Ousted senior police officers Sylvester Kalaut and Fred Yakasa who were short-listed for the police commissioner’s position then challenged Manning’s appointment in the National Court.
Justice Cannings ruled that Manning was not qualified for the position of secretary for the Police Department as he did not hold a tertiary qualification.
But he pointed out that it was impractical and undesirable to declare that only the appointment as secretary was affected by an error of law, and not Manning’s appointment as police commissioner.
Manning and the Government argued that Justice Cannings erred in law or mixed fact and law.
Justice Hartshorn ruled that Justice Cannings did not give good or sufficient reasons for the declaration that the appointment of Manning was unlawful.
“I am of the view that the primary judge fell into error,” Justice Hartshorn said.
Justice Makail said: “The notion that there exists a head or secretary of the department of police has no constitutional and statutory foundation in law.
“It would follow that the minimum tertiary qualification of a degree from a recognised university which the trial judge relied on to disqualify Manning was unnecessary and irrelevant. This is where the trial judge erred.”
Justice Kariko agreed with the reasoning and conclusions of his fellow judges.
The Supreme Court also ordered Kalaut and Yakasa to pay the court costs of the appellants.
Manning yesterday urged officers to “set the police force on the path of rebuilding the trust and confidence of our people in us”.
“Through our professional hard working members we have much to do and can achieve so much more,” he said.
Police Minister William Onglo told The National that the justice system should be commended for upholding the law.