Former ACP Kalaut fails to quash conviction

News that matter in Papua New Guinea

Former ACP Kalaut fails to quash conviction

PORT MORESBY: Former ACP Sylvester Kalaut’s application to have him acquitted of a misappropriation charge was dismissed by the National Court yesterday (June 22, 2022).

Judge George Manuhu said there was no legal basis as to Kaluat’s argument on whether or not the arresting officer who arrested him was a policeman.

“While appointments can be published in the National Gazette, there is no legal basis for the argument that such publication is part of appointment and reappointment of a member of the police force,” he added.

The National reported the court proceedings:

Kalaut’s application dismissed

June 23, 2022The NationalMain Stories

By BEVERLY PETER
THE former assistant police commissioner Sylvester Kalaut’s application to have him acquitted of his misappropriation charge was dismissed at the National Court yesterday.
Judge Justice George Manuhu, when dismissing the application, said there was no legal basis as to Kalaut’s argument on whether or not the arresting officer who arrested him was a policeman.
“While appointments can be published in the national gazettal, there is no legal basis for the argument that such publication is part of appointment and reappointment of a member of the police force,” Manuhu said.
He said Kalaut, through his lawyer David Dotaona, submitted that there was no evidence to show that Koani Arua Tarupa took appropriate oath to be reinstated.
“However, except for the fact of the undisputed evidence that Tarupa was reinstated by the Police Commissioner David Manning through a letter.
“I accept the letter of reinstatement as this finding corroborates with the allegation,” Manuhu said.
“If somebody arrests you, you cannot just accept it, you have to question whether he got powers to arrest you,” Kalaut said.
“That is why I raised the issue.”
The State will now start the trial against Kalaut and his accomplice Bobby Visikela Kerry who was the former police human resource director for allegedly misappropriating K948,815.67 belonging to the Constabulary on Aug 1.
Kalaut’s allegation that Tarupa was reinstated by way of a letter from Manning.
He said Manning’s Feb 11, 2020, letter to Tarupa said he was pleased to inform Tarupa of his reinstatement as a constable and directed Tarupa to report immediately to the officer in charge of crime investigation and would be put back on payroll.

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