Police not allowed to arrest PM

 By CHARLES MOI

POLICE are refrained from arresting Prime Minister Peter O’Neill after the Waigani National Court issued a stay on the arrest warrant pending the determination of court proceedings. 

Justice Les Gavara-Nanu issued the stay last Friday after granting leave to O’Neill for judicial review challenging the decision of Chief Magistrate Nerrie Eliakim in issuing the arrest warrant. 

Gavara-Nanu, in a brief ruling, stated that there were serious issues to be tried for in the substantive review proceedings. 

Police Commissioner Geoffrey Vaki had initially filed the judicial 

review proceedings, naming Eliakim, O’Neill and the State as defendants. 

When the parties appeared in court last Thursday to argue the matter Gavara-Nanu suggested that O’Neill be included as a joint plaintiff, which counsels agreed. 

Vaki and O’Neill were then named as joint plaintiffs in the proceedings after necessary amendments were made to the court documents on Friday. 

O’Neill’s lawyer Mal Varitamos moved his application for a judicial review. 

Varitamos said this was a compelling case relating to the excess of jurisdiction exercised by Eliakim in the District Court. 

Varitamos said there was no appeal mechanism to argue the administrative decision in the issuing of the arrest warrant. 

Lawyer for the State Ralph Saulep did not object to O’Neill’s leave application. 

Eliakim was not represented by a lawyer in court. 

After a brief adjournment, Gavara-Nanu granted leave to O’Neill for the court to review the decision 

of Eliakim in issuing the arrest warrant. 

The court issued a stay on the arrest warrant pending the outcome of the judicial review proceedings and the Supreme Court reference relating to the powers of the Police Commissioner. 

O’Neill and Vaki, who are joint plaintiffs in the proceedings, are seeking to set aside the arrest warrant for being in breach of section 8 of the Arrest Act. 

They argued that Eliakim exceeded her jurisdiction in issuing the arrest warrant.  

Eliakim issued O’Neill’s arrest warrant on June 12 following a successful application by members of the Police Fraud squad. 

The arrest warrant was taken out following police investigations into the alleged payment of K71.8 million to Paul Paraka Lawyers as legal fees from 2012 to 2013.