By ROSEMARY YAMBUNE
POLICE Commissioner David Manning has survived another legal challenge objecting his appeal to stay a National Court decision of removing him as Police Commissioner.
This comes after a three-men bench Supreme Court yesterday ruled to dismiss a Notice of Objection to Competency filed by the sidelined Assistant Commissioner of Police, Sylvester Kalaut and former top cop Fred Yakasa, objecting Manning’s appeal to stay the National Court Decision on 21st January, 2021.
The stay order was issued by the Supreme Court to David Manning after the National Court ruled his appointment as unlawful on 28 January, 2021.
After considering submissions from both parties, the Supreme Court found Mr Kalaut and Yakasa’s Objection was defective and incompetent.
Justice Les Gavera Nanua while handing down the decision from a three men bench judgment stated that the court ordered the objection to competency of the appeal moved by Notice of Objection to Competency filed by Mr Yakasa and Kalaut is refused and dismissed.
The Supreme Court further ordered that the oral application seeking leave to amend the Objection to add a new ground as to want of compliance with Order 10 Rule 3(b) of the Supreme Court Rules is refused.
The final order was that the respondents shall bear the appellants’ costs of and incidental to the objection to the competency of the appeal moved by Notice of Objection to Competency filed on 10 February, 2021, which, if not agreed, shall be taxed.
Lawyer representing Sylvester Kalaut and Fred Yakasa, David Datoana, speaking to the media outside court house said, “the court said that we can ventilate our arguments again at the substantive appeal, this battle has gone by but it is not over yet”. Meanwhile, the main appeal case is set to continue when it is listed for hearing