Baki's Lawyer questions review of Fraud Squad officers dismissal

Police Commissioner Gari Baki’s lawyer Nicholas Tame argued that dismissed Fraud Officers Timothy Gitua and Thomas Elluh both failed to exhaust administrative avenues before bringing their dismissal from office by Mr. Baki in 2015 to the courts for a judicial review.

Mr. Baki’s lawyer argued that matters of discipline on officers should be resolved by the Department of Personal Management at the first instant rather than the courts.

He stated that when a penalty is imposed, respondents could apply for review to the commissioner and he decides weather to review his earlier decision or stick to it and it is final.

Lawyer Terence Lambert of Jema lawyers representing Girua and Elluh told the courts that the Commissioner’s decision was final and didn’t require a review by the commissioner but a higher authority.

Chief Justice Sir Salamoa Injia questioned Baki’s lawyer if there was a gap in the law since Mr. Tame said the law was clear that the Commissioner, who is a disciplinary officer by definition, had powers to review his own decision.

“Is there a gap in the law that Commissioner reviews his own decision? If there is, how do you fix the gap? Send it to parliament to amend the law while we wait?”Sir Injia asked.

The court ended late Friday afternoon after lengthy submissions were presented by both parties. A decision has been reserved for a later date.

PNGFM/ PNG Today