CONSTITUTIONAL issues on whether the National Court has the jurisdiction to deal
with a district court’s contempt case or whether it should be left to the District Court will be determined by the high court next month. Chief Justice Sir Salamo Injia yesterday referred these issues to the Supreme Court as it has the jurisdiction to deal with constitutional issues. These issues arose from a motion filed against Police Commissioner Geoffrey Vaki for contempt of court by Detective Chief Superintendent Mathew Damaru and Detective Chief Inspector Timothy Gitua of the National Fraud and Anti-Corruption Directorate Squad. The two senior police officers claimed in their affidavits in that motion in the National Court that Mr Vaki had failed to execute the warrant of arrest on Prime Minister Peter O’Neill. They also claimed in their affidavits that Commissioner Vaki’s position not to execute the warrant prevented and frustrated the execution of the warrant of arrest issued by the District Court in Waigani on June 12, 2014. Basically, the plaintiffs have chosen to commence contempt proceedings against Mr Vaki in the National Court instead of the District Court because they contended the National Court had the jurisdiction to punish the defendant (Vaki) for contempt of court. But preliminary constitutional issues have risen as the motion went before the National Court to deliberate and punish the defendant for contempt of court. In a decision yesterday in the National Court, the Chief Justice also noted that the same warrant of arrest is the subject of a separate National Court judicial review proceeding in OS (JR No.455 of 2014) Geoffrey Vaki versus Nerrie Eliakim, Prime Minister Peter O’Neill and the State. He said in that case the National Court has referred a constitutional question to the Supreme Court which related to the Police Commissioner’s standing to challenge the warrant of arrest issued by the District Court at Waigani. Sir Salamo said yesterday that his decision to refer the constitutional issues in this case is in line with the judicial trend in recent times that important constitutional questions that have emerged concerning the exercise of police powers in the investigation and prosecution of crime, should be addressed and determined conclusively by the highest court. Comments are closed.
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