National court decision: What were they thinking!

By PNG Echo.

COP Gary Baki - His authority must not be undermined - the risk is total anarchy
COP Gary Baki – His authority must not be undermined – the risk is total anarchy

The National Court, in two separate decisions today, have stayed four government directives.  Two against the banning of lawyers Egan and Lambert from entering the country and two against the dismissal of Police officers Gitua and Eluh.

I have not yet been able to ascertain the reasons given for these decisions but I am very concerned with the staying of the disciplinary action against the rogue police officers.

Are the PNG courts fully cognisant of the ramifications of effectively countermanding an internal directive and disciplinary censure of the Commissioner of Police against two of his men?

Section 27 of the Police Force Act states:

The Commissioners decision in respect to the finding of guilt and in respect to penalty for serious discipline charges is final.

And quite rightly so.

One of the primary indicators of a ‘failed state’ is when the government loses control of its disciplinary forces. They are in jeopardy of doing just that as the courts undermine the authority of the Commissioner of Police effectively splitting the force into factions.

What message does this send to the other members of the Police Force as Commissioner Baki tries to improve and control an already problematic police force as far as discipline is concerned?

When people find it necessary to complain about the treatment they received at the hands of the police – maybe they will remember this day and the part the National Courts played in instilling a sense of impunity for undisciplined and rogue behaviour within what can now just laughingly be called the ‘discipline’ forces.

What an irresponsible thing for the courts to do!

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17 thoughts on “National court decision: What were they thinking!

  1. The law makes it fair for all to seek a just and fair decision. When an administrative appeal is refused each individual have the Courts to turn to where justice would not only be done bit seen to be done.
    The Rule of Law Prevails..

  2. Susan it seems like what transpires is a deliberate attempt to obstruct the will of justice. A very desperate act of Peter O’Neill to evade the arrested. The very fact of Peter O’Neill denial of signing the authorisation Paul Parka legal bills payment is sole reason. Peter O’Neill is hell bent is deceiving PapuaNewGuineans to believe him that all his allegations was an attempt by opposition with political influence to over throw his government. Yet he does not have the evidence. Thus every PNG will be convinced that PO is obstructing the court of justice. Garry Baki appointment is flown. Baki is employed there to kiss the bath of the pollies.

  3. Susan, I have been following your blog for quite some time now. All I read is you being in favour of the government. I see that you are a PhD graduate, and that means you bright, high level of reason ability, in-depth thinking and analysing capabilities.
    You know very well deep within your inner-being that this current government led by Peter O’Neill (PO) is mismanaging our country (PNG). PNG has billions of Kina in debt, sacking and appointments of new police commissioners, millions of kina awarded to contracts (owned by PO’s cronies) at an inflated rate, sacking of chief magistrate, attempted to sack deputy chief justice Gibbs Salika but failed, recently banned Aussie lawyers from entering PNG, and many more. You as an highly educated person, you see hear and know very well that this beautiful country is deeply corrupted.
    An illiterate person back in the village is saying he will not vote a PNC candidate or its coalition in 2017 (that’s from an ILLITERATE).
    We has literate people, lets reason out things properly and help where we can. After all, the sole purpose of life is to help humanity.

    • I do not “know very well” anything at all that you are attributing to me knowing. I happen to think that it would be a disaster to unseat O’Neill and will not end your corruption woes but add to them and a few more little surprises you hadn’t thought of too. My PhD is in political science and my main avenue of study was political nationalism – so I have the advantage of having looked at many post-colonial countries and I know, for a fact, that getting rid of O’Neill is throwing out the baby with the bathwater. Just as PNg was arguably not prepared for independence, equally it is not prepared for a peoples’ revolution. You have a system that is one part western democracy and one part custom and until you can sort out the system so that it doesn’t invite corruption, you will continue to suffer from it. Retribution is not the answer, working with your elected government to improve the system is. So you get rid of O’Neill – who are you going to get instead? You’re just rearranging the deck chairs. I mean in the few years I’ve followed PNG politics, first it was get rid of Somare at all costs. Now it’s get rid of O’Neill and bring back Somare… is PNG a fairground and politics a merry go round? Sort out the system and the corruption will be contained. But while people do not REALLY disapprove of corrupt practises – and they don’t – and just want payback (I think jealousy is often a cause) then nothing will improve. You’re going to need to think outside the square here – and nobody is. They’re all just baying for blood.

      • Susan, we (PNGeans) are happy about this decision since the justice was prevailed at last. There was no good grounds for issuing a termination letter to two senior Police Officer. But its a politically motivated action was taken by Prime Minister”s cohort Gerry Baki. Police Commissioner was over used by Prime Minister to do his favour regardless of whatever surrounding it is. The PC was under pressure by PM’s words, thus he made a decision on no good reasons.

        If you have any heart for PNG, you better join us to applaud the decision made.

        • No sensible PNGian is happy with this miscarriage of justice. The court erred in the decision and the Police Commissioner must now seek review. This would be in the best interest of our courts and the nation.

  4. Susan are you telling us that the police and the politicians are above the the laws and justice system of this country? The sign of a failed state is when there is no rule of law. Including politicians pulling the strings behind government institutions such as the police.

    As an Australian yourself can you see an Australian Prime minister doing that? PNG people are not stupid they know what and why it is happening behind the scenes.

    What a very responsible thing for the courts to do. The peoples good is the highest law.

  5. Susan’s comments are objectively fair and square given the inconsiderate ruling by the court without any second thought of the ramifications and the likely precedents this rulings may carry in the long run. The Rule of Laws are established for the common good therefore the courts must at all times look high and above the plane in ensuring common good is served. The recent court decisions in question to me appears to be swayed by the popular opinion you see on the social media. I strongly think the commissioner should appeal to seek review.

  6. I believe the supreme court is acting in the best interest of this country, what has the PM done so far, host games, build a lousy flyover that might collapse anytime soon, awarding inflated contracts to his supporters. its easy to see that you don’t really need K200,000,000 to build 8km stretch of road..all the while people in his own electorate are starving because of frost driven drought, kids are out of school because they haven’t received subsidies promised by the PM, and the current Forex dilemma that BPNG is dealing with we are our foreign currency reseerves? where has it all gone? it’s unfavourable for the business community, ….oh yes I agree with him buying back OSL share with the UBS loan but…why did he sell them at the first place?, who in his right mind would do that?…I believe the PM has done great injustice to this land and I think he has to be done away with

    • This is the best we ever had. Whether you like it or not just zip up and open it in 2017. Until then just accept what is served before you!

  7. hey Susan, if you’re really talking about a change in the system than write more about it and offer solutions and support it. The way you’re writing is more or less in favor of the Oneil gov’t.

  8. The issue here is ‘motive’ and the Courts are here to provide a fair and balance system for any society. In the end ‘justice’ MUST prevail, this is paramount. Cheers

  9. I understand the two lawyers were using a business visa to come into the country and work as lawyers at the request of local law firms. All Australian lawyers should be required to get an employment visa and not permitted to cheat the system.

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