Pala’s application to restrain arrest fails

The Supreme Court this morning (Oct 28) dismissed Attorney General Ano Pala’s application to restrain the Police Commissioner and his agents arresting him.

Justice George Manuhu sitting as a single Supreme Court judge dismissed the ex-parte application saying the power of police to investigate and arrest should not be interfered with.

He said criminal matters do not recognize the status of a person in the community and being a minister and the chief legal adviser to the government is irrelevant.

In dismissing the application that went before him on Oct 19, Justice Manuhu said if the charge, Pala is facing is without merit, he can seek for remedy on damages in the civil court.

He added that criminal proceedings should not be stayed using civil proceedings as criminal proceedings have a higher standard.

Senior Committal Court Magistrate Cosmos Bidar issued the warrant of arrest against Pala at the District Court on July 11 last year.

Pala was charged with conspiring with others to defeat the course of justice in relation to the Paul Paraka Lawyers legal bills payments case last year.

In Nov 2014, Pala obtained stay orders at the National Court to temporarily stop that warrant of arrest that was issued against him however that stay was lifted on Aug 14.

On Aug 26, his lawyers filed a notice of motion before the Supreme Court seeking to restrain the police from arresting him.

The application was heard in court on Oct 19 and dismissed today.

Author: 
Sally Pokiton