Pala can be arrested
The National, Thursday October 29th, 2015
By CHARLES MOI
Police can execute an arrest warrant for Attorney-General Ano Pala after the Supreme Court refused his stay application in Waigani yesterday.
Pala had filed his application seeking the court to restrain police from arresting him until his high court appeal was determined.
Justice George Manuhu, presiding as a single judge, said the warrant was a matter of public interest and police should not be interfered with by the courts to arrest persons or conduct its investigations.
Manuhu said that no one was above the law and that the criminal process considers everyone as equal, despite the status of a person.
According to Manuhu, this included Pala as the Attorney-General.
He said if the court allowed Pala to take the course he took, then the court might as well forget about criminal law.
The facts submitted by police before the district court on July 18 alleged that Pala, as the Attorney- General, and others, conspired to defeat the course of justice by instituting proceedings in the National Court known as OS 115 of 2014 – James Marape vs Paul Paraka Lawyers.
The proceedings relate to the taxation of Paraka’s legal bills
Magistrate Cosmas Bidar, on July 18 last year after considering an application by police officers, issued the warrant for Pala’s arrest on the charge of conspiring to defeat the course of justice.
Pala is alleged to have conspired with certain named lawyers, Prime Minister Peter O’Neill, Finance Minister James Marape and others, to defeat the Court of Justice.
Pala then filed judicial review proceedings in the National Court last year to review the decision of the District Court to issue a warrant for his arrest.
He named Bidar, former Police Commissioner Geoffrey Vaki and the State as defendants in the proceedings.
The National Court on Nov 13 last year granted leave for judicial review to Pala and restrained police from executing the warrant.
On Aug 10 this year National Court judge Justice Colin Makail refused the judicial review and uplifted the restraining orders.
Pala filed an appeal in the Supreme Court and sought the court to grant a stay order to restrain police from executing the arrest warrant until his appeal was determined by the higher court.