Court: Eluh’s dismissal illegal

The Police Commissioner Gari Baki’s decision to dismiss the former Assistant Commissioner of Police (Crimes), Thomas Eluh two years ago, has been found to be illegal by the courts.

 Eluh was dismissed from the constabulary over disciplinary reasons on 23 October 2015.  

He was however suspended on June 20, 2014 for a previous incident of insubordination.

Eluh served on a three-year contract from July 15, 2013, to July 15, 2016.

He was part of the team from the National Fraud and Anti-Corruption Directorate, which was instrumental in investigating allegations of fraudulent funds from 2013 with the now abolished Investigation Task Force Sweep team.

Following a change in the Police Commissioner’s post, that suspension was lifted.

On May 25, 2015, Eluh was directed to be transferred to the New Guinea Islands Region.

He requested for more time due to short notice but was later suspended the second time for insubordination.

Elluh was charged on July 31 2015, for insubordination and terminated on Sept 23, 2015.

The Waigani National Court last week quashed Commissioner Baki’s decision, but ruled that Eluh could not be reinstated to his position.

Justice Collin Makail in handing down his ruling said this was because Eluh’s relationship with the upper command structure of the force had deteriorated “to a degree that his resumption would have an adverse effect on the force.”

He however said Eluh was entitled to seek damages in court.

Sally Pokiton