The National Court today stayed various decisions imposed by the Police Commissioner, Gari Baki on the Fraud and Anti-Corruption Directorator Matthew Damaru last Thursday when he was arrested and charged.
The court stayed the recent charges laid against Damaru.
He was charged for one count of Abuse of Office and Deprivation of Liberty in relation to the arrest of Justice Bernard Sakora.
The Police Commissioner and his servants were also restrained from taking any action against members of the Fraud Squad arising out of or in relation to the arrest of Justice Bernard Sakora until further orders by the court.
These orders were granted after lawyer representing the plaintiffs, McRonald Nale of Jema Lawyers made ex-parte submissions seeking leave to stay the charges.
Nale in his submissions argued that the charges laid on Damaru were unnecessary and were nothing more than abuse of power by the police.
He said Sakora was arrested using a warrant of arrest and questioned how this had deprived him off his liberty, as the fraud officers were only carrying out their constitutional duties.
When arguing about the charge of illegally detaining Sakora, Nale said although the committal court struck out the case on lack of compliance, it was a misunderstanding that could have been addressed anytime but again, police unnecessarily arrested and charged his client (Damaru) for doing his job.
Nale said this and other interference by police into the work of the fraud office is part of continuous suppression by the police hierarchy to disturb the investigations into high profile cases.
The court after receiving all submissions ruled in favour of the members of the National Fraud & Anti-Corruption Directorate.
It also made orders for the plaintiffs to serve within three days all documents filed in this proceeding including the orders.