National court to rule on inquiry

 THE Madang District Court has directed that the legality of the police-led inquiry into the mv Rabaul Queen disaster will be dealt by the National Court.

Magistrate Rosie Johnson made the direction last week for the matter to be heard in the higher court on Aug 4.

The matter was brought to court after mv Rabaul Queen engineer Carl Kamang challenged the decision of the inquiry after he was charged with being responsible for the deaths of 173 passengers on board the coastal ferry that capsized on Feb 2, 2012, near Siassi, in Morobe. 

Kamang’s lawyer, Young Wadau had submitted during the committal proceedings last month that certain rules of law took precedence over the decision by Prime Minister Peter O’Neill to order an investigation into the country’s worst maritime disaster. Wadau said O’Neill and the National Executive Council had directed police to conduct the inquiry, which was supposed to be done by the National Maritime Safety Authority.

“The issue raised is whether they have acted within the rule of law and whether the police have the legislative power to conduct investigations into marine enquiries,” he told the district court.

Wadau submitted that the evidence by police to support the charge of manslaughter and negligence had failed to prove criminal negligence.

He said in respect to criminal law of negligence, the evidence obtained from the inquiry was too remote to establish a crime and manslaughter.

The matter will be heard in the Madang National Court.