Vaki ruling today
The National, Monday July 28th, 2014
By CHARLES MOI
THE Waigani National Court will rule today whether it has the jurisdiction to intervene in orders and decisions of the District Court.
Chief Justice Sir Salamo Injia will rule on the preliminary issue that was raised in the contempt case against Police Commissioner Geoffrey Vaki.
The contempt proceeding was filed by Police Fraud investigator Matthew Damaru.
Sir Salamo raised the jurisdiction issue when parties appeared in court last Friday.
Vaki appeared in person to answer to the contempt charge after he was summoned by the chief justice.
Sir Salamo told counsels that it was appropriate for the court deal first with the issue of whether the National Court had powers to enforce the District Court orders and decisions.
He said that the outcome of the court’s deliberation of the issue would then determine if the motion for contempt filed by Damaru would be heard.
Damaru’s lawyer, McDonald Nale argued that the National Court had the jurisdiction to enforce orders of the District Court under sections 166 and 155 of the Constitution.
However, Sir Salamo said the provisions relied on by Nale were too general.
Vaki’s lawyer John Griffin said there were no provisions that allowed the National Court to enforce the matters of the District Court.
He added that the arrest warrant was an administrative action and not a judicial one.
Griffin said the contempt proceedings could be referred to the National Court if the judicial action was exercised, which was not the case in the arrest warrant.
Sir Salamo said he would deliberate on the submissions and make a ruling today.