Five judges to hear pending O'Neill arrest warrant case

A FULL Supreme Court bench of five judges is expected to hear three constitutional references relating to several constitutional questions.

The questions relate to cases involving the pending arrest warrant against Prime Minister Peter O’Neill.

The three constitutional references were perused respectively by Chief Justice Sir Salamo Injia, Justice Gavara-Nanu and Justice Minister and Attorney General Ano Pala.

Most of the questions raised in the references were in relation to specific laws on the duties and functions of the police and the courts which required the Supreme Court’s interpretation.

The references were consolidated during the directions hearing before Chief Justice Sir Salamo, who presided as a single Supreme Court judge last week. The parties involved in the references were advised at the directions hearing to return to court on August 22 for status conference followed by the full hearing on August 29, 2014.

Some of the questions raised in the references that required the Supreme Court’s interpretation were;
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Whether the Police Com-missioner has standing or sufficient interest to seek leave for judicial review of the decision of the Chief Magistrate given of 12 June, 2014, to issue a warrant of arrest against Prime Minister Peter O’Neill following an application made by a member of the police force;
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Whether the Police Commissioner or any of the member of the police force has powers under section 192 of the Constitution to direct or control another member of the Police Force in the discharge of his/her function under section 197 or the Constitution to lay, prosecute or withdraw charges in respect of an offence or offences; and
 •
Whether the Police Commissioner has powers to make decisions or issue directions or orders in relation to members of the police force, whether, in appropriate cases, the function of the police force to lay, prosecute or withdraw charges in respect of offences may be subject to direction or control by the police commissioner.

These questions and others would be interpreted by the full Supreme Court bench first to clear path for the respective cases to proceed.

PNG Today/ Post Courier.

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