Courts court confusion: PMs arrest warrant.

By PNG Echo.

Chief Magistrate Ms. Nerrie Eliakim - dismissed the application
Chief Magistrate Ms. Nerrie Eliakim – dismissed the application

Chief Magistrate, Ms. Nerrie Eliakim, yesterday (July 4, 2014), dismissed an application from police to set aside an arrest warrant for the Prime Minister of Papua New Guinea, Peter O’Neill, in the Committal Court, Waigani.

The decision of Ms Eliakim who is believed to be close to former Justice Minister and Attorney General, Kerenga Kua, will seriously undermine the authority of the newly-appointed Police Commissioner, Geoffrey Vaki and police powers.

Stated under S197 (2) of the Constitution is that the functions of the police are not only to lay and prosecute charges but also withdraw them

As it now stands, the Police Commissioner has lost his authority.

How can a police force operate effectively while subordinates are being encouraged by the courts to ignore directives from their Commissioner, who wants the arrest warrant withdrawn?

Under the circumstances, it is to be expected that the Police Commissioner will appeal the decision.

Meanwhile, in the Supreme Court, lawyers for the Prime Minister have lodged an urgent appeal against the decision of the National Court whereby the Prime Minister’s application for a stay of the arrest warrant was also dismissed.

The decision being appealed was contraindicated when all parties agreed to the stay – the court didn’t.

Police Commissioner Geoffrey Vaki,  will he appeal the decision?
Police Commissioner Geoffrey Vaki, will he appeal the decision?

However, in handing down the decision Judge Kariko also affirmed the Police Commissioner’s authority over the police force – which Magistrate Eliakim’s subsequent ruling in a lower court has undermined.

The Supreme Court has adjourned the PMs appeal until the end of next week while Ms Eliakim’s written decision will be made available on Monday 7 July…and look out for the anticipated appeal of the Police Commissioner who seems in no hurry to arrest the Prime Minister.

In the meantime the police force must be in complete disarray with no one knowing from whom they take orders.

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10 thoughts on “Courts court confusion: PMs arrest warrant.

  1. Justice surely will reign in this beautiful “land of the unexpected” PNG and God Bless Chief Magistrate Ms Eliakim for the making the right decision. What is vaki trying to proof here ??? Looser !!! Wake up to yourself – the whole world knows and above all God knows and sees all that peter o’neal is the thief here.

    • A Warrant of Areest is part of the criminal process. It cannot survve on its on. For an intended charge of official corruption, an Arrest Warrant is a prerequisite.

      The Court by Kariko J. made an objective view that the police commisioner with the police force junder his command and control have the constitutional mandate not only to lay and prosecute charges but also have a constitutional powers to withdraw charges. The Chief Magistrate should have accepted that evidence adduced from the Police Commissiner that the force will not proceed to lay the charges against the PM. In other words the Warrant of Arrest will not be executed. The Court cannot force the police to arrest and charge the PM unless the PM breach a court order, a bail condition or is contempt of Court. If the police does not want to pursue the entire Paraka case and the drop the charges then what will become of the Arrest Warrant? Will it exist on its own? Will the Chief Magistrate force the police force to execute it? Will the Chief Magistrate order police not to drop the entire paraka case? The very simple answer to this litany of question is NO.

      On the basis of the foregoing, I am of the view that the Chief Magistrate’s decision may have been influenced and seriously tainted with bias and unreasonableness.

      My view only.

  2. Vaki can appeal but the courts have spoken. Who else is left to hear the appeal?

  3. …incinuating a strong connection between Eliakim and Kua has influenced Elikakim’s decesion!! what evidence do you have to support this claim???

    And PJ Oathas, since when is allowing the police (Anti-Fraud Directoret) to do thier job baiased and unreasonable??

    !

    • The insinuation (however you’d like to spell it) is not mine. Not being inside her head, I’ve no idea what influenced the Magistrate’s decision. I said they were believed to be “close.” You are the one who’s embellished my words and now are saying there’s a “strong connection,” not I

  4. Any idea on the level of relationship between former AG and Chief Magistrate..heard it was somewhat a very intimate one..

  5. The Parakagate saga is not a simple case the PC Geofrrey or whoever can use his Constitutional powers to withdraw. People have already been arrested and charged, senior officers in the police force terminated, a sitting and reputable Justice Minister decommissioned, several other Court rulings done and the matter has consumed alot of time, effort and resources to cater the volumes of sworn affidavits, fraudulent public monies payment, unquantified and huge payment of public funds, factual court documents, etc are available worthy of trial at a Court of Law. Justice Kariko threw the matter back to the police. Police have been issued a warrant of arrest based on their evidence and then the Commissioner went against the work of the very organisation he was appointed to uphold the constitutional roles it disseminates. So J Kariko said, either you withdraw, you execute PM arrest, you consent with the stay order, you go ahead. That does not mean J Kariko protected PC Roles.

  6. Sylvia Evoa AKA Meri PNG, I would be happy to publish your comment should you have something to say about the subject, but i will not publish a gratuitous personal attack that uses gutter language. There are other facebook sites that are more conducive to your style and level of contribution and I suggest you utilize these should you wish to continue in this vein.