Name State agencies: Cannings

By BEVERLY PETER
THE Supreme Court as directed for three different State agencies to be named in an application filed by the Electoral Commissioner Simon Sinai to challenge the legality of a warrant of arrest issued against him.
Justice David Cannings at Waigani yesterday directed that the Public Prosecutor, the State and the Police Commissioner David Manning to be named as respondents in the matter as it was a unique matter.
Sinai’s application in the Supreme Court was filed under section 57 of the Constitution to protect him from being arrested or intimidated until they verify the legality of the warrant of arrest issued against him by the Chief Magistrate of District Courts on Feb 21.
The warrant of arrest against Sinai in this case was based on the allegations of abuse of office in relation to his conduct in accepting the writ for Dei Open in the General Election 2022.
Police alleged that he had refused to accept the writ when it was first retuned but later on, accepted it again.
Sinai’s lawyer Michael John when mentioning the case, sought for court permission to give them time for Sinai to file an affidavit in support as Sinai was currently out of the country on business trip.
John said the affidavit was to establish that Manning had issued directive that approvals in execution of warrant of arrest in sensitive cases against constitutional office holders such as the Electoral Commissioner should come from the Commissioner Manning himself and the sensitive board which he had appointed.
“We haven’t got any information that such approval has been given to the police to peruse this matter as yet,” John said.
Lawyer Solomon Kuku from the Office of the Public Prosecutor informed the court that they had no issues with filing the affidavit but they would be objecting to the substantial application by Sinai to challenge the legality of the warrant of arrest and to set it aside.
Justice Cannings then ordered for Sinai to file that affidavit in support and serve it to the parties.
The matter was set to return on May 6.