PETER O’NEILL IS NOW THE LAW UNTO HIMSELF
Court have exhausted their powers to uphold the warrant, Police Have done theirs and are having difficulty effecting arrest. Now its citizens Call. Citizens Arise
The combined reading of Constitution, the Constitutional Planning Committee’s Report, the Police Act 1998 and the Arrest Act, it is evident that with respect to the decisions about whom and how to investigate, charge and prosecute, the police are shielded from direction, control and undue influence by the Executive Government and thus have a somewhat different relationship to the Executive with respect to such matters than is the usual case for public servants in a democracy.
Individual police officers are mandated with the authority to investigate, arrest, lay charge and prosecute an offender. The law does not demand that every individual case to require the approval of the Police Commissioner before an arrest is made on an individual. It defeats the tenets of the rule of law to single out one case for the Police Commissioner to approve prior to effect arrest.
The National Court presided by Justice Ere Kariko, whilst refusing Prime Minister Peter O’Neill’s application for stay of the warrant of arrest against him, ruled that the ultimate power of command and control of the Police Force lies with the Police Commissioner.
Prime Minister Peter O’Neill now realised that the Judiciary was fed up with him and would not protect him anymore but for him to face the law like everybody else. He exercised his right to appeal the decision of Justice Kariko but then he decided to withdraw the appeal so as to avoid receiving another blow from the highest court.
He hangs his life on his newly appointed Police Commissioner Vaki’s hands. Geoffrey Vaki used the situation to bargain for his confirmation as the Commissioner of Police before he could put his life on the line to protect Peter O’Neill. O’Neill gave it to him on the same afternoon after Justice Kariko handed down the decision. Vaki was indeed the fastest appointed Commissioner of Police and a departmental head for that matter in the history of our country.
Peter O’Neill is calculative and conveniently announced that he would withdraw all court proceedings and wait for the Commissioner of Police to call him whether he could come for an interview or give a statement.
The District Court in a similar application filed by Geoffrey Vaki on behalf of Peter O’Neill presided by Chief Magistrate Nerrie Eliakim, acknowledged the decision of the National Court by Justice Kariko and further explained that the power vested in the Police Commissioner (if any) was exercised by the previous Commissioner of Police, Mr Toami Kulunga. The Office of the Commission of Police remained what they call “functus officio”. Her worship held that unless there is a clear case of abuse of that power by Commissioner Kulunga (and if there was, it would be a case of judicial review), there was no ground for setting aside the warrant of arrest. The Court stated that court orders (in this case warrant of arrest) must be respected at all times.
The District Court Decision was a blow to Peter O’Neill and Geoffrey Vaki’s calculated strategy. Isaac Lupari, the master mischief maker in this saga, released a media statement on behalf of the Police Minister attacking the Chief Magistrate to cast doubt on the ruling of the District Court but that media statement was not published for some reasons.
Hon Kerenga Kua in a recent media statement made it clear that the Commissioner Vaki should not mislead the public by holding out to have a residual authority to revisit a decision already made by his predecessor.
To this date, Peter O’Neill and Geoffrey Vaki have not made any comments of the District Court decision which comprehensively placed Vaki in no option but to execute the warrant of arrest against his master puppeteer, Peter O’Neill.
To suggest that the Commissioner of Police has some residual authority where every case has to be sanctioned by the Commissioner before arrest, is not only inconsistent with the law but is practically absurd. The rule of law sees all persons regardless of race, colour, position, status etc as equal before the law. If Vaki wants to treat O’Neill differently, can the 7 million people of Papua New Guinea demand that their cases be reviewed by the Commissioner of Police?
Justice Ambeng Kandakasi said in court when Mr Eluh and other investigators sough restraining orders, words to the effect like “the District Court and my brother judge Kariko have already made the decision to uphold the warrant. Why are you guys coming to this court? Peter O’Neill’s rights are fully protected. He will not be denied bail so why can’t he go for an interview like everybody else?”
Well the good judge does not realise that Peter O’Neill is surrounded by more than 200 heavily armed policemen. The Police investigators already had confrontation.
PETER O’NEILL IS NOW A LAW UNTO HIMSELF. HE DOESN’T RESPECT COURT ORDERS. HE DOESN’T RESPECT THE LAW.
Sir Julius Chan commented on the saga and said Captains who set the rules must follow those rules themselves so that their soldiers can follow.
THE COURTS HAVE BEEN FULLY EXHAUSTED INSOFAR AS THE WARRANT OF ARREST IS CONCERNED. From what I gather, what is before the court is for individual officers not to be removed or suspended and further action for reinstatement.
PETER O’NEILL’S CURRENT STRATEGY IS TO REMAIN UNDER HEAVY ARMED GUARD UNTIL ALL THE PERSONS WHO ARE PURSUING TO ARREST HIM ARE EFFECTIVELY SILENCED AND REMOVED….
CAN WE THE CITIZENS NOW RISE UP AND TAKE IT TO THE STREETS? HAVING PROTEST IN ONE LOCATION MIGHT ATTRACT POLICE. HOLD PROTESTS EVERYWHERE IN ALL CORNERS OF THE COUNTRY AND OUTNUMBER THE POLICE.
UNIVERSITY STUDENTS LEAD THE WAY
