By Bryan Kramer
National Court presided by Chief Justice Salamo Inja this afternoon (26/2/15) dismissed a no case application made by Police Commissioner Geoffrey Vaki against the contempt of court proceedings that is currently under trial in the National Court.
National Fraud & Anti-Corruption Directorate Mathew Damaru and his Deputy Timothy Guitau filed four counts of contempt of court charges against Vaki in relation to his alleged refusal to effect the warrant of arrest against the Prime Minister Peter O'Neill in June 2014.
The trial commenced on Tuesday 24th February 2015 were plaintiffs Damaru and Guitau opened their case calling six witnesses to give evidence.
Vaki was represented by the Country's top law firm Young & Williams who engaged John Griffin, Queens Counsel (QC) Lawyer out of Australia. Damaru and Guita's Counsel McRonald Nale also engaged their own QC Greg Egan to prosecute their case.
Egan assisted by Nale closed their case today immediately after Vaki's lawyer filed a No Case Application in an effort to dismiss the proceedings.
Vaki's lawyer submitted to main arguments. Firstly, the warrant was defective in that it did not prescribe a date to which the arrest of Prime Minister had to be carried out. Secondly it was never personally served on Vaki.
Damaru & Guitau's lawyer contested the application that Vaki issued instructions by his own letter to Mawa Lawyers who he had briefed out to represent the Police to support the Prime Ministers application in the National Court for a permanent stay on the warrant of arrest. This confirms Vaki had knowledge of the warrant.
CJ dismissed Vaki's no case application ruling that after hearing the plaintiff's case Vaki had a case to answer to. Vaki's lawyers sought an adjournment claiming their witnesses were not available for the trial to continue. The trial has been adjourned to 11th March 2015.