State appeal against Manning ruling to proceed

The National Main Stories

THE State’s appeal against a National Court ruling which nullified the appointment of David Manning as the police commissioner will go ahead, after an attempt by two former police officers to block it failed.
The Supreme Court on Friday dismissed the application filed on May 10 by sidelined assistant police commissioner (human resource) Sylvester Kalaut and former deputy police commissioner (operations) Fred Yakasa. The Supreme Court had stayed the decision of the National Court on Jan 28.
Kalaut and Yakasa had argued that:

  • THE National Executive Council’s decision to the then department of police and the then office of the secretary to the department of police makes the appeal frivolous and vexatious and that the appeal is academic, nugatory and serves no utility;
  • THE state has unduly delayed the prosecution of the appeal and prejudiced the respondents; and,
  • THE NEC decision seemed to interfere with administration of justice and were contemptuous of the supreme court when deciding to abolish the then department police and office of its secretary when the legal statues of the department was before the court for determination.

However, a three-man Supreme Court bench of Justice Ellenas Batari, Justice Shephen Kassman and Justice Peter Toliken refused the application because the State and its authorities had progressed the appeal with due diligence.
They ordered that the appeal be listed for hearing.