State appeals decision to review appointment of police boss

By KARO JESSE
THE State is appealing the decision of a National Court judge who granted leave to dismissed assist police commissioner (human resource) Sylvester Kalaut to review the appointment of David Manning as Commissioner of Police.
The application, presented before Supreme Court Judge Ellenas Batari, sought leave of the court to appeal Justice David Cannings’ ruling as the State had viewed that Kalaut did not have an arguable case because Manning’s appointment was done through proper processes.
Justice Cannings granted leave to Kalaut and former commissioner operations Fred Yakasa in a joint application for leave for judicial review.
Solicitor-General Tauvasa Tanuvasa submitted that Justice Cannings erred in finding that Kalaut had an arguable case because Manning’s appointment was done following correct procedures.
“There is a different process in appointing commissioner of police because commissioner of police is also the secretary for the Police Department” he said.
Tanuvasa told the court that proper provision used in appointment of police commissioner was s.193 (2) of the Constitution and not s.193 (3) as claimed by Kalaut.
“The main argument which Kalaut used to obtain leave for judicial review was that Manning did not have a tertiary qualification,” he said
“Tertiary qualification is not an issue because there are records of previous former commissioners holding office without tertiary qualifications.”
Kalaut’s lawyer submitted that the application for leave to appeal should be dismissed as the matter was regarding a constitutional office and there was an arguable case which had to be put on trial.
He also told the court that the three shortlisted candidates for the position of police commissioner were Kalaut, Manning and Yakasa.
He said Manning was appointed despite other two candidates having tertiary qualifications.
The matter will return today for ruling.