Writ of summons served on Manning

By BOURA GORU KILA
DISMISSED policeman Tinol Pakiapon has filed and served an amended writ of summons on Police Commissioner David Manning.
Service of the document was executed at Manning’s office at the Royal Papua New Guinea Constabulary (RPNGC) headquarters in Konedobu, Port Moresby last Tuesday, June 25.
A proof of service confirmed the delivery of the document by Jeffrey Kolowe of the Public Solicitor’s Office.
It was received at the police headquarters by Snr Sgt Matilda Rova, officer-in-charge of Police Headquarters guards. The amended writ, following the withdrawal of an earlier National Court human rights case, was based on claims of unfairness and injustice which were allegedly in breach of Sections 36, 37, 41,42,44,49 and 52 of the Constitution.
In the amended writ of summons, filed in the Kimbe National Court and registered as HR (WS) 09 of 2024 by the firm Felix Kua Lawyers, acting for Pakiapon, the plaintiff is claiming damages for breach of his constitutional rights, general damages for pain and suffering, specific damages, exemplary damages, aggravated damages, interest pursuant to the Judicial Proceedings (Interest on Debts and Damages) Act chapter No. 52, including the cost of and incidental to the proceeding.
In his application, Pakiapon also nominated Kimbe to be the hearing venue.
The State has been named as second defendant in the matter.
The former police detective, who held the rank of senior sergeant until his dismissal from the RPNGC, had been investigating the allegation of a crime allegedly committed by Manning in West New Britain.
Pakiapon filed the human rights case after Manning sent armed policemen to his home to arrest him.
He successfully obtained a National Court order, restraining Manning and police from interfering with him and his family, unless a competent court order from the District, National or Supreme courts was obtained.
He also filed the human rights case to seek redress for the breach of his constitutional rights.
Now that he is facing a charge and recently dismissed, Pakiapon chose to go by way of a writ of summons claiming damages for breach of his rights under the Constitution pending other related proceedings.
As per the accompanying instructions on the writ of summons, Commissioner Manning would have 30 days after service (as at June 25) to file a notice of his intention in the National Court.