Supreme Court affirms Manning as police commissioner
News that matter in Papua New Guinea
Papua New Guinea Police Comm David Manning
Supreme Court affirms Manning as police commissioner
PORT MORESBY: After a long-drawn legal challenge, the Supreme Court
has affirmed David Manning as Papua New Guinea (PNG)’s police commissioner.
The Supreme Court yesterday (Dec 23, 2021) dismissed
an earlier National Court ruling that Manning’s appointment was “unlawful”.
And Comm Manning said: “I continue to lead the
(constabulary) and its members in transitioning it into a force that we can all
be proud of. It will be a challenging journey but not an impossible one.”
The news update was published by The National:
Manning still
police chief
December 24, 2021The NationalMain Stories
By CHARLES MOI and MIRIAM
ZARRIGA
POLICE Commissioner David Manning has re-committed himself to leading
the constabulary after the Supreme Court confirmed his appointment and
dismissed an earlier court ruling that it was “unlawful”.
“I continue to be committed to lead the (constabulary) and its members in
transitioning it into a force that we can all be proud of. It will be a
challenging journey but not an impossible one,” he said.
The Supreme Court panel of Justice Derek Hartshorn, Justice Collin Makail and
Justice Ere Kariko agreed to dismiss the National Court ruling on Jan 22, 2021
that declared Manning’s appointment unlawful.
Manning and the Government filed an appeal in the Supreme Court against the Jan
22 decision in which Justice David Cannings ruled in favour of two former
senior police officers who had argued that Manning was not qualified to hold
the position.
The court was told that on Dec 10, 2019, Manning was appointed commissioner and
secretary of the Police Department by the Governor-General on the advice of the
National Executive Council.
Ousted senior police officers Sylvester Kalaut and Fred Yakasa who were
short-listed for the police commissioner’s position then challenged Manning’s
appointment in the National Court.
Justice Cannings ruled that Manning was not qualified for the position of
secretary for the Police Department as he did not hold a tertiary
qualification.
But he pointed out that it was impractical and undesirable to declare that only
the appointment as secretary was affected by an error of law, and not Manning’s
appointment as police commissioner.
Manning and the Government argued that Justice Cannings erred in law or mixed
fact and law.
Justice Hartshorn ruled that Justice Cannings did not give good or sufficient
reasons for the declaration that the appointment of Manning was unlawful.
“I am of the view that the primary judge fell into error,” Justice Hartshorn
said.
Justice Makail said: “The notion that there exists a head or secretary of the
department of police has no constitutional and statutory foundation in law.
“It would follow that the minimum tertiary qualification of a degree from a
recognised university which the trial judge relied on to disqualify Manning was
unnecessary and irrelevant. This is where the trial judge erred.”
Justice Kariko agreed with the reasoning and conclusions of his fellow judges.
The Supreme Court also ordered Kalaut and Yakasa to pay the court costs of the appellants.
Manning yesterday urged officers to “set the police force on the path of
rebuilding the trust and confidence of our people in us”.
“Through our professional hard working members we have much to do and can
achieve so much more,” he said.
Police Minister William Onglo told The National that the
justice system should be commended for upholding the law.
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