Tinol Pakiapon walking out the Waigani Committal Court in area this morning.
By Mortimer Yangharry
The criminal charge of causing disaffection against Tinol Pakiapon was dismissed by the Waigani Committal Court in Port Moresby this morning.
The Court ruled that it has no power to hear the case based on the manner in which the provision of the charge was used by police.
The allegation of causing disaffection by Police Commissioner against Tinol Pakiapon was not supported by the facts as the actions complained of clearly do not fall under the wording and purpose of Section136 (1) (a) or a 20 (1) (aw) of the Police Act 1998.
Further, the court found that the allegation against Tinol Pakiapon did not constitute a criminal offence under Section 136 (1) (a) or a disciplinary offence under s 20(1) (aw) of the Police Act 1998, and was not authorized by law on the facts presented before the district court.
Lawyer representing Pakiapon, Felix Kua of Kua Lawyers, argued that Section 136 is intended to cover actions of any members of the force whose conduct causes or threatens to destabilize the proper and orderly function of the force which did not happen in this case.
He said there must be a strike that originated from a source of grievance, agitation, dissatisfaction, or disaffection amongst members of a workforce over matters that interest them, which did not happen in this case.
Pakiapon’s conduct was done in the course of his lawful duty in which he applied for a warrant of arrest for the arrest of Police Commissioner upon a criminal allegation duly and lawfully registered at the Boroko Police Station.
Therefore, the court ruled that Pakiapon’s actions complained of clearly do not fall under the wording and purpose of s 136 (1) (a) or s 20 (1) (aw) of the Police Act 1998 as it does not constitute a criminal offence thus the district court have no jurisdiction to hear the case and dismissed it with his bail money refunded.
