Pala denied leave to amend reference

Attorney-General Ano Pala was denied leave by the Supreme Court to amend a reference he referred to the Supreme Court for interpretation.

The special reference was by Pala on March 17 this year over Constitutional questions however, he went to court on Monday seeking leave to amend the reference and reduce the number of questions down to two.

The special reference or matters in dispute were referred by the Attorney-General for the high court to interpret sections 197 and 198 of the Constitution and section 146 of the Police Act.

It arises out of the powers and functions of a member of the Police Force and their duties, and if those same powers bestow upon a member of the Police force to the Police Commissioner.

It will also address the fact if a servant and agent of the state can engage private law firms to represent them in court.

The matters in dispute also cover the Attorney-General’s act and if agents of the state who go to court using their capacity can be allowed to brief out private lawyers to represent them.

Lawyer representing the heads of the Fraud and Anti-Corruption Directorate, McRonald Nale opposed the application to amend the reference.

He opposed the application saying the issue was already dealt with in other cases before the court, one of which was the dismissed appeal while the other was in the National Court.

This application to amend the reference was refused by Justice Terrence Higgins and the questions referred by Pala remain at four, in which the high court must interpret.

He ordered the cost for the application to be paid by Pala. The matter returns to court on June 6.

Author: 
Sally Pokiton