Reserve police are the responsibility of the police force: Judge

By TREVOR WAHUNE
THE Waigani National Court has ruled that the National Capital District reserve police, although not members of the police force, are under the command and control of the police commissioner and therefore the responsibility of the force.
Justice David Cannings told the court that arguments presented by the State in a liability case involving an alleged breach of human rights that the NCDC reserve police were not members of the police force but employees of the NCDC was not withstanding.
He said they were members of the police force under the command and control of the commissioner of police by virtue of Section 7 and Part 5 of the Police Act and Section 108 of the constitution.
“The State is vicariously liable,” Justice Cannings said.
The court was dealing with a plaintiff who claims he was assaulted by members of the reserve police.
Alua Sipi had filed a claim for breach of human rights against Constable Nelson Dauwau, his colleagues, the police commissioner and the State.
Cannings dismissed proceedings against Dauwau’s colleagues because the plaintiff failed to establish liabilities against them.
The court heard that the Dauwau was with colleagues when they assaulted the plaintiff on Jan 29, 2015.