Naipo requests higher court to stay decision

 By DEMAS TIEN
Chief Inspector Bernard Nepo asked the Supreme Court yesterday to stay a National Court decision that quashed his appointment as acting Correctional Service commissioner by the National Executive Council and reinstated Michael Waipo as the commissioner.
Nepo also asked the higher court to grant an interim order to allow him to resume office as acting commissioner pending his appeal.
The application for stay was moved before Justice George Manuhu, Justice Allan David and Justice Hitelai Polume-Kiele in Waigani.
Nepo’s lawyer Waliyo Mapiso based his application on seven grounds, including that the trial judge Justice Collin Makail made an  error in law when reinstating Waipo as commissioner on May 5.
Mapiso said Waipo did not seek orders for reinstatement when he filed the judicial review proceeding in the National Court.
Mapiso said Waipo only sought two declaratory orders from the court to declare that the NEC which revoked his appointment and appointed Nepo as acting commissioner was null and void.
Mapiso said it was “unusual” for the court to grant orders to reinstate Waipo because he did not seek orders for reinstatement.
Mapiso submitted that the grounds relied on by Waipo in his judicial review proceeding were based on the wrong legislation. He also submitted that the defendants in the judicial review proceeding were not served with affidavits from Waipo. He said his client Nepo had the support of the Government. Parties will return today for Waipo’s lawyer Michael Koimo to move his application.