Police Commissioner Manning assures nation, the constabulary remains intact despite court ruling
By CHRSITOPHER YANDAWAI and JOE GURINA
THE Waigani National Court has identified an error in the appointment of David Manning as Commissioner of Police and ordered him to vacate office within seven days as of last Friday to allow for new appointment to follow suit.
The Court found that Manning did not possess any tertiary qualifications as a requirement before he was shortlisted and appointed as both Police Commissioner and Secretary of Police in December, 2019.
This was the only grounds upheld by the National Court amongst six other grounds raised by the applicants, Silvester Kalaut and Fred Yakasa in their judicial review matter.
Last Friday Jan 22, Justice David Cannings dismissed five other grounds and upheld only one concerning Manning not having any tertiary qualifications to claim the top post.
Cannings in his 51-page judgment stated that “it was an error of law and ultra vires on the part where the Public Service Commission too, without highlighting the issue surrounding the absence of tertiary qualifications, including Manning in its preferred list of candidates, knowing that the successful candidates would be appointed to two positions, and it is being clear that David Manning was not qualified to either Police Commissioner or Secretary of Police.”
The Court thus ordered the application for judicial review filed by Kalaut and Yakasa be granted and declared the appointment by the acting Governor General, notice of which was published in National Gazette No G980 on December 10, 2019, of David Manning as Commissioner of Police and Secretary for the Department of Police was unlawful.
The court also ordered both the appointment of Manning as Commissioner of Police and Secretary of Police on the December 10, 2019 is quashed with effect from midday on 29 January, 2021, thus leaving the office vacant forthwith.
The court further ordered that the respondents shall pay the applicants’ costs of these proceedings on a party-party basis, which shall, if not agreed, be taxed.
However, Manning has assured the nation that the police constabulary is intact under his command until his term expires on January 29, midday.
He told a fully packed press conference on Friday following a court ruling that nullified his appointment to the post.
Manning however said he is seeking legal advice to appeal on grounds based on the national court decision challenging his appointment.
“Despite the decision of this afternoon’s (Friday) judiciary challenging my appointment, the constabulary still remains intact.
“We have the whole senior command of the constabulary here. We have just gone through a brief with our legal team that represented us in today’s proceeding.
“Let me just say that I respect the decision of the court , however we will be seeking legal advice whether there will be grounds of appeal based on today’s decision,’’ he said.
“But as I said, this by no way means that the constabulary has fallen into disarray and the senior command here continues to exercise the command and control of the rank and file of their respective commands, and will continue to do so until the matter is brought before the court or corrected through the bureaucratic or political process,’’ he said.
“Let me assure the people of this country that the police force is well and truly in command of senior command of the police force.
Following the court decision, former Police Minister, Bryan Kramer said since the matter is now over, he will seek National Executive Council (NEC) endorsement as Justice Minister to amend the regulation to exempt the Commissioner of Police from its oversight.
Kramer who is now the Minister for Justice said once the regulation is amended; Public Service Commission may recommence the process and resubmit a shot-list of candidates to NEC after the position of the Police Commissioner becomes vacant on January 29.
