Royal PNG Constabulary lawyers, on May 8, filed the case against Sam Koim as chairman of Investigation Task Force Sweep team, Chief Inspector Timothy Gitua, Sergeant Aaron Eliza, Sergeant Pius Peng, Senior Constable Basi Sopata comprising the Investigation Task Force Sweep team, the NEC and the State.
In-house lawyer from the Constabulary, Stanley Poga, appeared before Justice Leka Nablu last week for the proceeding filed under the judicial review track.
However, the matter was adjourned because the state did not appear, despite being served on May 16.
The matter was also adjourned to allow police lawyers to amend the Originating Summons to outline the substantive relief it is seeking in the review.
The Originating Summons, filed on May 8, seeks leave of court to review the decision of the NEC, dated 11 August 2011, to establish and appoint 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.
It also seek leave for the court to review NEC Decision dated 13 July 2013, to permanently establish the office of the Investigation Task Force Sweep team, to carry out criminal investigations, lay charges and prosecute offenses independently without being accountable to the office of the Police Commissioner.
Commissioner Baki is seeking a number of declarations in the Originating Summons filed on May 8.
Amongst them is for the court to declare that the NEC decision dated 13 July 2013, is unconstitutional and invalid and of no effect, and in breach of section 197, 198 and 199 of the constitution.
He also seeks the court to quash the two NEC decisions that led to the establishment of the Investigation Task Force Sweep team.
The matter returns to court this week.
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 constrains 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.