Vaki in his capacity as the Police Commissioner filed the originating summons before the National Court on June 2014 seeking to review the decision of the Chief Magistrate Nerrie Eliakim in the District Court after she refused to dismiss the warrant of arrest that was issued against the Prime Minister Peter O’Neill.
On 18 July 2014, the National Court granted leave for a judicial review to be conducted over the manner in which the warrant of arrest was obtained from the District Court against Prime Minister O’Neill.
Justice Les Gavara-Nanu granted leave for the judicial review and later granted a stay on the arrest pending a Supreme Court referral over constitutional issues.
On July 30 2014, Jema Lawyers filed a motion at the National Court seeking to have Damaru and Gitua be joined in the judicial review proceeding as they had obtained that warrant from the District Court.
Yesterday (Nov 18), Damaru and Gitua’s lawyer moved the further amended notice of motion to that which was filed by Vaki in June 2014.
They were asking the court to allow them to join the proceeding however Vaki’s lawyer Greg Sheppard told the court his client, who is the first plaintiff, has not issued any instructions to him and he will not act without instructions from his client.
He said his client is the former Police Commissioner and not the office of the Police Commissioner.
Current Police Commissioner Gari Baki’s lawyer Ian Molloy however moved for an adjournment on the grounds his client was not briefed and not familiar with the matter that was filed by Vaki.
Molloy said his client had only heard of the matter returning today in the last 36 hours.
He submitted that if the court should adjourn the hearing of the motion for the joining of Damaru and Gitua as he is the Police Commissioner and should be heard on whether the two officers should be added or not.
Justice Collin Makail, who heard the special fixture motion, accepted Baki’s application adjourning the further amended notice of motion filed on Oct 23 2015 to December 2.
He also ordered for Damau and Gitua’s lawyers to serve all relevant documents to Baki before they return on December 2.