Senior Sergeant Tinol Pakiapon Acquitted of Criminal Charges
Senior Sergeant Tinol Pakiapon was cleared of criminal charges in a ruling by the Waigani Committal Court in Port Moresby earlier today. The court dismissed the charge of causing disaffection against Pakiapon, citing a lack of jurisdiction and improper application of the relevant legal provisions.
The court determined that the charges, brought by Police Commissioner David Manning, did not meet the criteria outlined in Section 136 (1) (a) (aw) of the Police Act 1998. The court found that the actions in question did not fall under this section's intended scope or purpose. Additionally, it was ruled that the allegations did not constitute a criminal offense under Section 20 (1) (aw) of the Police Act 1998 and were not supported by the facts presented.
Pakiapon’s lawyer, Felix Kua of Kua Lawyers, argued that Section 136 is meant to address actions by police members that destabilize the force, which was not applicable in this case. Kua emphasized that there was no source of grievance or dissatisfaction among the workforce that would justify the charges against Pakiapon.
The court concluded that Pakiapon's conduct was part of his lawful duties, including his application for a warrant of arrest for the Police Commissioner on a duly registered criminal allegation at the Boroko Police Station. Consequently, the court ruled that Pakiapon’s actions did not fit within the legal definitions of the charges, leading to the dismissal of the case and the refund of his bail money.
With the case dismissed, Senior Sergeant Tinol Pakiapon is expected to be reinstated and permitted to continue his investigation against the Police Commissioner.
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