Paraka fights court decision

Main Stories, National
Source:

The National, Friday October 18th, 2013

 By CHARLES MOI

THE principal of Paul Paraka Lawyers yesterday appealed to the Supreme Court to stay a National Court decision on Monday, that dismissed his application seeking orders to prevent the Task Force Sweep from arresting him. 

Paraka’s lawyer, Ian Molloy QC, made an application for a restraining order before Chief Justice Sir Salamo Injia.

Molloy told the court that the actions of Task Force Sweep chairman Sam Koim were unlawful and breached section 197 of the Constitution.

He said Koim’s actions raised serious questions about the role of the task force, particularly his role in conducting and directing the actions of the police force. 

Deputy solicitor general Tauvasa Tanuvasa, representing Koim and the state, opposed the application and asked for it to be dismissed. 

He said there was no error of law or procedure with the National Court decision. 

Paraka had filed proceedings last month in the National Court through Molloy, who submitted that Koim, a civilian, was conducting and directing the actions of the police force, which breached the Constitution and section 5 of the Police Act. 

The National Court had then issued a restraining order that prevented Task Force Sweep from arresting Paraka. That order was removed by Justice Ere Kariko in the National Court on Monday

Sir Salamo, sitting as a one-man Supreme Court bench, will make a ruling this morning on Paraka’s application for a restraining order