Order means judicial review of appointment will go ahead

THE appointment of David Manning as the Commissioner of Police will proceed to a judicial review after the Supreme Court dismissed the State’s application for leave to appeal the decision of the review.
The joint application, filed by former assistant police commissioner (human resource) Sylvester Kalaut and former deputy commissioner (operations) Fred Yakasa, were granted leave by the National Court on May 14 to review Manning’s appointment.
This followed with the State filing an application for leave to appeal the decision which was dismissed yesterday.
Justice Ellenas Batari ruled that the State had failed to show why the leave granted for judicial review should be revoked as he reminded both parties that the office of police commissioner was a constitutional office for which interested persons had the right to raise statutory issues.
Solicitor-General Tauvasa Tanuvasa filed an application seeking leave to appeal Justice David Cannings’ ruling on granting leave to Kalaut and Yakasa, as State viewed that there were procedural fairness in his ruling.
Tanuvasa submitted that Justice Cannings had failed to properly consider submissions by the State and the standings of Kalaut and Yakasa to challenge the decision of the National Executive Council for appointing Manning.
He submitted to court that both senior officers did not have a complete case to warrant a leave for judicial review.
Justice Batari ruled that some of the arguments by the State were misconceived because the matter was regarding a constitutional office and they had not shown where the primary judge had erred.
“On the face of the record, there is a serious point in relation to constitutional application and interpretation which should move on to determination in the substantive review.
“It is not for the judge, to whom leave application was made, to make the decision.” Batari said.
Kalaut and Yakasa’s lawyer David Dotaona told The National that Police Minister Bryan Kramer, Comm Manning and chairman of Public Service Commission and other senior police officers would be invited to appear for trial on June 18.