Police probed over Jan 10 riots

By GEORGINA KOREI
A COMMISSION of Inquiry (CoI) into the Royal PNG Constabulary over the Jan 10 civil unrest will begin its hearing on Monday, July 15.
CoI commissioner and chairman Justice Ellenas Batari yesterday announced the opening session for July 8 at 10am, at the Apec Haus at Ela Beach, downtown Port Moresby.
The commission had been tasked to establish why police did not fully respond to the events of Black Wednesday, with estimated costs for damages at K2 billion.
A public notice by Batari yesterday stated: “Further public notices will be issued to inform the public on hearing dates for each ofthe commission from then onwards.”
The CoI was commissioned by the National Executive Council through a gazettal notice, No. G263, on April 18.
Members of the inquiry team, announced by Prime Minister James Marape in the G263 notice, had Justice Batari as chairman and included retired detective Mathew Damaru as lead investigator, Deslyn Siniu as counsel assisting the inquiry, Mathew Yuangu as CoI secretary and Pondros Kaluwin as senior counsel on the Commission of Inquiry.
According to the CoI terms of reference: “The CoI is expected to provide its (initial) report to the Prime Minister within a period of six months.”
In his further directions, PM Marape stated in the G263 notice that “the inquiry will commence without delay and render to me your final report within nine months from the date of commencement of the hearing”.
A specific terms of reference, governing the work of the CoI, tasked Batari (and his team) to enquire into and report whether:

• THE current organisational structure is meeting the functions of the police force under the Constitution and, more specifically, whether the current command and control structure is adequate for efficient and effective operations of the constabulary;
• THE current police force is adequately resourced (with funding, manpower, resources, facilities, equipment, welfare) to meet the diverse police functions and duties in NCD and throughout the country;
• POLICE personnel training is appropriate and adequate for (PNG situations) and in line with international standards and practices;
• CURRENT police-to-population ratio in the area of capacity is consistent with international standards and practices;
• CURRENT operational strategies are relevant and practicable and consistent with police practices and procedures;
• THERE is a process of transparency and corporate governance in the prudent management of police operation funds, including those associated with priority areas of law and order;
• THE Police Act 1988 is reflective of the current development and changes to policing in the 21st Century;
• THE top management of the RPNGC had knowledge of the gathering or protest on or before Jan 10, what measures were taken to prevent the protest, and establish what had transpired on or before Jan 10 that had led to members of RPNGC gathering at Unagi Oval, investigate and establish the cost of the protest and establish why senior members of RPNGC were involved;
• THE human resource division and Police Association were aware of the tax and salary adjustments?

If so, what impact was anticipated?
What steps were taken administratively to mitigate the impact?

• THE protest was lawful and whether there were individuals or groups who incited the civil unrest and the motives; and,
• THERE are legal measures that can be taken against individuals and groups who may have been involved in the protest and civil unrest.

In its bid to establish the root causes of the Jan 10 incident, the Government had convened an administrative investigation.
At its conclusion, the Administrative Investigation Task Force recommended for a full-scale Commission of Inquiry, citing “serious management, command and control issues in the police force that allowed the incident to happen”.
Hence, the prime minister stated in his notice to Batari: “These institutional failures must be addressed immediately … (and) the decision to establish this Commission of Inquiry.”