Question of commissioner’s position argued in court

The National National
Front left: Police Commissioner David Manning with lawyer McRonald Nale leaving Waigani National Court house on Friday. – Picture supplied

By KARO JESSE
THE question of the police commissioner’s position as a departmental head was argued in court on Friday.
Lawyer representing Police Commissioner David Manning in the case questioning his appointment, McRonald Nale of Jema Lawyers, posed the question on Friday, through a motion seeking a clarification of the two roles the police commissioner occupied.
Nale, in a motion filed on Thursday, asked presiding judge Justice David Cannings to refer the question to the Supreme Court for interpretation because he (Nale) said the commissioner being considered a departmental head of police was unconstitutional.
Nale raised the issue after suspended Asst Comm of Police (human resource) Sylvester Kalaut and former deputy commissioner Fred Yakasa claimed that there had been procedural breaches in Manning’s appointment.
Both men claimed that Manning lacked a tertiary qualification which was one of the requirements of position of the commissioner.
However, Nale argued that there was a misassumption by Kalaut and Yakasa because it was departmental heads which needed tertiary qualifications.
“Because everyone sees the commissioner also as the departmental head, we say he must have a tertiary qualification,” Nale said.
Nale based his argument on a past Supreme Court finding that the establishment of the Department of Police and the creation of the office of the secretary of police was unconstitutional as the appointment procedure under Section 193 of the Constitution also applied to the appointment of the police commissioner.
Cannings, however, refused the motion informing Nale that the motion was premature as it appeared to be without evidence.
Cannings told Nale earlier that his question could be put in a Supreme Court reference for interpretation.
Nale said he was trying to clarify whether or not the purported establishment of the Department of Police by the Head of State to exercise powers under Public Service Management Act was contrary to the constitution. The matter returns to court on June 29.