Police Commissioner Gari Baki has asked the court to judicially review the NEC decision six years ago, which led to the establishment of the (now abolished) Investigation Task Force Sweep (ITFS) team.
Royal PNG Constabulary in-house lawyer, Stanley Poga, on instructions from Baki, today moved a motion seeking leave before the Waigani National Court, to judicially review the NEC decision, dated August 11, 2011.
This NEC decision led to the establishment and appointment of the Task Force Sweep team to carry out criminal investigations, lay charges and prosecute offences independently without being accountable to the office of the Police Commissioner.
The investigation body was set up in 2011 and made permanent in 2013 to investigate complaints made against the Department of National Planning.
Commissioner Baki filed the case against Sam Koim as chairman of ITFS (now abolished), Chief Inspector Timothy Gitua, Sergeant Aaron Eliza, Sergeant Pius Peng, Senior Constable Basi Sopata comprising the ITFS team, the NEC and the State.
The first defendants were not represented in court, however the NEC and the state were represented by Twivey Lawyers, who had no objection to the application seeking leave for judicial review.
Substantively, Commissioner Baki is seeking declaratory orders that the direction of ITFS to investigate are illegal and unconstitutional from the beginning. They are also asking for court to quash the NEC decision from 2011.
Poga submitted in court that while the sweep team may be abolished, their actions are still alive therefore they want its establishment reviewed.
He further added that those investigated and convicted are still at Bomana as a result of the NEC decision.
He submitted it is unconstitutional for the NEC to direct police to inquire into, ascertain and criminally prosecute because the Police Commissioner and members of the Police Force are not subject to direction or control by any person outside the Force as per Functions of the Police Force section 197(2) of the Constitution. This was supported with section 5 of the Police Act.
Poga also said delay in the proceeding filed was because of the high turnaround of Police Commissioners, as there were four commissioners since the 2011 NEC decision.
Presiding judge, Justice Leka Nablu, reserved her decision to next month.
Koim, as chairman of the now abolished Investigation Task Force Sweep team, withdrew the Supreme Court appeal on 26 April, after three years of court battle mainly due to funding constraints in maintaining the office.
The appeal was against the National Court decision on 2 December, 2016.
The National Court then dismissed the judicial review filed by Koim because the NEC decision to disband the ITFS team was an administrative policy decision that cannot be reviewed by the court.
(Loop PNG file picture of Sam Koim, as chairman of the [now abolished] Investigation Task Force Sweep team and members of his team)