Court orders “no appointment” of Police Service Commission chair pending judicial review

The Supreme Court in Vanuatu has issued an order preventing the replacement of Api Jack Marikembo as chairman of the Police Service Commission until Mr Marikembo’s application for Judicial Review is determined by the court.

In his Order, Justice JP Geoghegan said he is able to allocate a hearing on October 19 at 9am at Dumbea, to hear the case.

Mr Marikembo filed his application for Judicial Review on July 12 after his appointment was revoked by the Head of State, only one month after taking office. The President then appointed former Vanuatu Mobile Force Commander Willie Vira as chair of the Commission.

The injunction has prevented the Police Service Commission from functioning thus derailing the process for the appointment of the new Police Commissioner.

The State Law Office has advised that the process for the appointment be put on hold until the court makes a final decision on the matter.

According to the Vanuatu Police Act, the Vanuatu Police Force shall consist of a Commissioner and such senior and subordinate officers as may from time to time be approved by the Minister. But, Vanuatu has been without a Police Commissioner since the dismissal of Arthur Caulton in 2012.

Instead, five senior officers have been appointed as acting commissioner, also in line with the law, overseeing the affairs of the Vanuatu Police Force.

The government has indicated its earnest desire to see the top police post filled as soon as possible but this can now only happen after the determination of the court, in October.

 

File photo: Vanuatu police officers

     

Author: 
Harold Obed