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In the Matter of Puri [2024] PGNC 330; N11000 (4 September 2024)

N11000

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

OS (HR) 01 OF 2024

In the Matter of Section 155 (3) (4) Constitution

V

Acting Assistant Commissioner of Police Joesph Puri
First Respondent

And
Provincial Police Commander Gulf Province Chief Inspector Lemb
Second Respondent

And
THE INDEPENDENT STATE OF PAPUA NEW GUINEA
Third Respondent

Waigani: Miviri J
2024: 04^th September

PRACTISE & PROCEEDURE – Section 155 (3) (4) Constitution – Protection of the Law Section 37 Constitution – Section 197 Powers of Police Constitution – Preservation of Peace & Good Order – Failure to – Use of Firearms – Administrative Attendance Solutions to.

Cases Cited:
Yama v Yalamo [2020] PGSC 3; SC1915
Telikom PNG Ltd v Independent Consumer and Competition Commission [2008] PGSC 5; SC906
Mainland Holdings Ltd v Stobbs [2003] PGNC 10; N2522
Ekepa v Gaupe [2004] PNGLR 22

Counsel:
Acting Assistant Commissioner J Puri.
Chief Inspector Jeffrey Lemb Provincial Police Commander.

RULING

04^th September 2024

1. MIVIRI, J: I called into Court and placed on the record of the Court the Acting Assistant Commissioner of Police Southern Command Joe Puri and Gulf Provincial Police Commander Jeffery Lemb to address issues of the discharge of Police duties in the Gulf Province.
   
2. I have done this pursuant to the powers of the Court under section 155 (3) (4) of the Constitution to ensure the protection of the law under section 37 is accorded to citizens who have had complaints of wilful murder, murder, manslaughter, Rape and Sexual Penetration of minors lodged with the Police in Malalaua, Gulf Province attended to and processed in law. The rights of both who have been accused as well as those who have complained must be addressed so that rule of law takes carriage to ensure order abidance of law in the province.
   
3. Acting Assistant Commissioner of Police Joe Puri oversees all provincial police establishments of Gulf, Milne Bay, and Oro. He would be directly responsible for these administratively to ensure that the powers of Police under section 197 is administered so that there is order in the provinces named.
   
4. Provincial Police Commander Jeffery Lemb is not based in the province. He operates out in Port Moresby to manage Gulf Province. He is not physically on the ground there, yet he is paid as Provincial Police Commander Gulf Province. He has stated on record that the residence of the Provincial Police Commander was burnt down and has not been rebuilt hence he is here.
   
5. I did not issue any orders except to detail a meeting at the Malalaua Police Station on Saturday 07^th September 2024 at 9.00am with both officers and all Law enforcement officers within Malalaua. The intention is to address administratively to give effect to what has been placed in the record of the court. Should the administrative proceedings not work out then the matter is on the record of the Court to proceed to powers in law vested to see compliance and adherence to the Constitution.
   

Orders Accordingly.
__________________________________________________________________
Office of the Public Prosecutor
Office of Public Solicitor