Court refuses orders sought by UPNG students

The National Court has refused all restraining orders sought by UPNG SRC against police.

 

Justice Derek Hartshorn, in his decision this afternoon, refused the orders sought in the students’ human rights application, saying he was not satisfied there were serious questions to be tried.

He said police cannot be prevented from performing their constitutional function or be stopped by the Court from conducting investigations.

Justice Hartshorn found the balance of convenience did not favour the students, adding they can still sue damages from police.

He said the students have rights under the constitution but the interim injunction they are seeking is an interference of the constitutional function of the Police force.

Yesterday, student leaders of the University of Papua New Guinea's lawyer, Laken Lepatu Aigilo, filed the application seeking three main orders against the police.

SRC president Kenneth Rapa and other student leaders filed the application against NCD metropolitan superintendent Ben Turi, NCD/Central Commander Sylvester Kalaut, Police Commissioner Gari Baki and the State.

The students were seeking restraining orders against police being stationed at both its Taurama and Waigani Campus.

They are also seeking restraining orders against the police from arresting and harassing students, the SRC president and other student leaders.

Aigilo submitted before the court this morning that if the student leaders were to be arrested, it would be in their capacity as student council members.

They also went before the court asking it to declare that the shooting of students last Wednesday was an execution of orders by police.

The students also sought orders of the court to have police summoned to come and explain their actions in court.

All these orders sought by the students were refused.

Author: 
Sally Pokiton