Police Commissioner Geoffery Vaki has no power to issue directions on members of the police force not to execute the Warrant of Arrest against Prime Minister Peter O'Neill.
However, he can instruct his officers to withdraw the warrant by going back to court, which he has done so. A five men Supreme Court bench made this ruling, among fifteen others this morning, when it answered questions raised in a Constitutional Reference. They say Mr Vaki has no power to direct a member of the Police to act against any court order, including arrest warrant. However, he does have powers under Section 198 to make decisions, issue directions or order to members of the force for discharging their powers, functions, duties and resposibliites. They also ruled that The National Court has powers to charge Commissioner Vaki for contempt for failing to execute the arrest warrant, as its deemed a court order issued by a competent court. Meantime, Mr Vaki has also been given the green light to challange the validity of warrant of arrest taken out by by a police investigator against Mr O'Neill as he has standing. Commissioner Vaki will now join the prime minister to review the decision of the district court which refused to set aside the arrest warant. Constitutional questions were raised after Mr Vaki applied to the National Court to review the district court decision whilst, Police investigators led by Chief Inspector Matthew Damaru also filed an application for contempt charges against the commissioner for failing to execute the warrant. Both application raised serious Constitutional questions, therefore had to be referred to the high court. The two matters were combined together with an a similar application made by the Attorny General. All parties will now return to the National Court with the ruling to guide judges presiding on each case. Justice David Cannings made the ruling on behalf of his four colleagues.
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