Top cop back

By HEZRON KISING
THE National Court has reinstated police officer Timothy Gitua as the deputy director of the National Fraud and Anti-Corruption Directorate.
He was dismissed in 2015 on disciplinary grounds after being accused of unlawfully firing a gun at a Port Moresby club in 2014.
Justice Collin Makail yesterday quashed Gitua’s disciplinary charges and dismissal in 2015 because the investigation into his case was carried out by an officer below his rank of chief inspector.
The court was told the Police Act required that the police officer tasked to investigate such disciplinary matters should have been of a higher rank to Gitua.
But the police commissioner assigned Chief Sergeant Robert Volo to investigate the allegations against Gitua.
Gitua submitted in court that the appointment of Chief Sergeant Volo to investigate the allegation against him was invalid (ultra vires).
Justice Makail said there was not much dispute in relation to the procedure for dealing with a serious disciplinary charge under the Police Act. He said the police commissioner could appoint commissioned officers to act as disciplinary officers.
He agreed that the commissioner had committed an error of law when appointing Volo.
In terms of relief, Gitua sought an order for his reinstatement.
The court was told of the number of fraud cases he had investigated and was still investigating, most of which involved high-profile people.
Supporting his submission too was the fact that he had 20 years of experience on such police work.
Before his dismissal, Gitau was second in command to Chief Superintendent Matthew Dumaru, pictured, at the National Fraud and Anti-Corruption Directorate.
Gitua said outside court that going through the court process had been challenging.
“I thank my family, friends and colleagues for their support,” he said.
“I am very happy and looking forward to going back and continuing my work to serve the country and all its people in what I am mandated to do.”