MP, officer told to serve summonses

THE NATIONAL Court yesterday ordered shadow Police Minister Johnson Wapunai and a senior Sgt in the Royal Papua New Guinea Constabulary to serve summonses on both the Commissioner of Police (Cop) David Manning and the State before the matter could be heard.
Lawyer David Dotaona, who represented Wapunai and senior Sgt Tinol Pakiapon of the Boroko Police Station, said they had prepared to serve a summons to Manning for contempt of court in the District Court.
Dotaona went before the National Court in Waigani yesterday with an urgent application, and asked the court to order Manning to make himself available to be served.
He said they had tried to serve him at his office on Monday but he was not in. They then tried his home later that evening and again yesterday morning but could not get him.
Judge John Carey said since Manning was employed by the State, the State also had to be served and entered as a party in the proceedings.
Carey said the defendants must be served two clear days before appearing in court.
“This is not a trial by ambush.”
He said the procedure was that the State and the Office of Police Commissioner would also join the proceedings as defendants.
He said there would be no case until the defendants were made aware and given a chance to defend themselves.
He said if they served the urgent application on the office of the COP, Manning could not say he was not served because that is his office.
He said he would hear submissions from the plaintiffs on April 13 at 9.30am.
Plaintiffs Wapunai and Pakiapon are seeking to have Manning charged with contempt for the Special Orders he made on March 20, claiming that the directive was issued after Manning became aware of a warrant of arrest against him concerning an allegation in West New Britain’s Talasea on June 9, 2000.