Court clears cops to probe O’Neill
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| Former Papua New Guinea prime minister Peter O'Neill |
Court clears cops to probe O’Neill
PORT MORESBY: The National Court yesterday (Feb 4, 2020) refused to grant an interim order sought by former prime minister Peter O’Neill to stop police from interviewing him over certain criminal allegations.
This means the police are free to conduct investigations and to take statements from O’Neil, including arresting him if he does not cooperate.
Deputy Chief Justice Ambeng Kandakasi is also scheduled today (March 5, 2020) to make orders against Police Minister Bryan Kramer on his role and the police.
Details of the court proceedings were published by The National:
Court refuses O’Neill’s request
By KARO JESSETHE National Court yesterday refused to grant an interim order sought by former Prime Minister Peter O’Neill to stop police from interviewing him over certain criminal allegations.
Deputy Chief Justice Ambeng Kandakasi refused the application of notice of motion filed by O’Neill on Feb 11, saying the court might be seen to be interfering with police operations if it granted the interim injunction in O’Neill’s favour.
After considering the affidavits submitted by O’Neill and Police Minster Bryan Kramer, he said the case arose from of allegations and defamatory publications posted online by Kramer.
Justice Kandakasi explained that the relief sought in the application did not present an arguable case, adding that the results of proceedings would not inflict “irreparable damage” against O’Neill.
“The court sees that there are no arguable case because there are no formal charges laid yet and these are mere allegations posted against O’Neill on Facebook by the police minster,” he said.
“If police want to interview O’Neill on some allegation, he should present himself.
“However, if they arrest him, he can be bailed.
“Whether there is warrant of arrest or injunction, there are no specific charges.”
Justice Kandakasi also told the court that according to the affidavits submitted by O’Neill, there were clear cases of interference on police operation by Police Minister Kramer.
“Police ministers have no power in interfering in day-to-day operation of police.
“(The) minister must concentrate on policies rather than police operation.
“He cannot direct the police.
“However, he can request for assistance. The court will decide today on orders to be imposed on Kramer to stop him from interfering in police day-to-day operations.
Justice Kandakasi asked lawyers from both parties to provide submissions on that today.
He also warned that social media was “loaded with irresponsible people who are quick to jump to conclusion” even on matters still before court.
“It is irresponsible for leaders to resort to social media to perform their leadership,” he said.
The substantive matter is scheduled for mediation on March 18.
The substantive case relates to a defamatory case filed by O’Neill against Kramer.
He claimed that Kramer made defamatory publications against him on Facebook.
Deputy Chief Justice Ambeng Kandakasi refused the application of notice of motion filed by O’Neill on Feb 11, saying the court might be seen to be interfering with police operations if it granted the interim injunction in O’Neill’s favour.
After considering the affidavits submitted by O’Neill and Police Minster Bryan Kramer, he said the case arose from of allegations and defamatory publications posted online by Kramer.
Justice Kandakasi explained that the relief sought in the application did not present an arguable case, adding that the results of proceedings would not inflict “irreparable damage” against O’Neill.
“The court sees that there are no arguable case because there are no formal charges laid yet and these are mere allegations posted against O’Neill on Facebook by the police minster,” he said.
“If police want to interview O’Neill on some allegation, he should present himself.
“However, if they arrest him, he can be bailed.
“Whether there is warrant of arrest or injunction, there are no specific charges.”
Justice Kandakasi also told the court that according to the affidavits submitted by O’Neill, there were clear cases of interference on police operation by Police Minister Kramer.
“Police ministers have no power in interfering in day-to-day operation of police.
“(The) minister must concentrate on policies rather than police operation.
“He cannot direct the police.
“However, he can request for assistance. The court will decide today on orders to be imposed on Kramer to stop him from interfering in police day-to-day operations.
Justice Kandakasi asked lawyers from both parties to provide submissions on that today.
He also warned that social media was “loaded with irresponsible people who are quick to jump to conclusion” even on matters still before court.
“It is irresponsible for leaders to resort to social media to perform their leadership,” he said.
The substantive matter is scheduled for mediation on March 18.
The substantive case relates to a defamatory case filed by O’Neill against Kramer.
He claimed that Kramer made defamatory publications against him on Facebook.
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