Police officer’s application for judicial review refused

The National Court at Waigani today dismissed an application for leave sought by suspended Assistant Police Commissioner Crimes Thomas Eluh.

Acting judge Leka Nablu in her ruling today refused to grant Eluh leave for a judicial review against his transfer to the New Guinea Islands region as the Divisional Commander.

She also refused leave for the judicial review to have Eluh reinstated to the post of Assistant Police Commissioner Crimes.

Eluh went to court on July 30 with the application seeking leave to get a judicial review against his transfer to the New Guinea islands region and against his suspension on July 20 for insubordination of that transfer directive.

In her ruling today, Nablu said the relief sought was administrative in nature and to grant such an application would only see the court flooded with similar applications.

She said the applicant did not exhaust all available remedies before coming to the court for a judicial review which was the last resort for such administrative matters.

Nablu said if leave was granted by her court, it would pre-empt the decision for a judicial review, adding that Eluh was still at liberty to apply for a judicial review after all other administrative remedies were exhausted within the Police Force.

She also dismissed the stay orders from August 4 against restraining further disciplinary actions being taken against Eluh by Police Commissioner Gari Baki and Acting Deputy Commissioner of Police (Operations) Raphael Huafolo.

Cost of the court proceedings will be paid by the applicant.

Sally Pokiton