Paul Pora v The Commissioner of Police

• Jurisdiction: Papua New Guinea
• Citation: (1997) N1569
• Date: 09 May 1997
• Court: National Court
• Year: 1997

National Court: Injia J

Judgment Delivered: 9 May 1997

1 Administrative law—Judicial review of Disciplinary Authority's decision to dismiss policeman—Grounds of review—Excessiveness of punishment—Nature of Court's discretion—Nature of relief sought—Re–instatement and payment of lost salary entitlements—Nature of Court's discretion to grant the additional relief in the form of lost salary entitlements consequent upon an order for reinstatement—National Court Rules O16 r4(1)

2 Dicky Nanan v John Maru and Police Commissioner (1997) N1507 and Rose Kekedo v Burns Philp (PNG) Ltd [1988–89] PNGLR 122 referred to

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Injia J The Applicant is seeking judicial review of his dismissal from the Police Force by the Respondent on disciplinary grounds pursuant to the provisions of the Police Force Act (Ch65). Leave to seek judicial review was sought pursuant to O16 of the National Court Rules and granted by the Court.

There are two grounds of review as set out in the statement filed in support of the application for leave. They are:

(i) The penalty applied by the Commissioner was excessive.

(ii) The decision of the Commissioner was contrary to natural justice in that the Commissioner:

(a) Failed to provide the Plaintiff with copies of any evidence substantiating the charge.

(b) Failed to provide the Applicant with an opportunity to cross–examine witnesses providing evidence in support of the charge.

(c) Failed to provide the Applicant with an opportunity to address the Commissioner on penalty.

(d) Failed to provide any...