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The Vanuatu Supreme Court has dismissed a court challenge by former Police Commissioner, Arthur Caulton Edmanley that his termination was unlawful, unreasonable and had procedural defects.
In his application, the former commissioner named the President as the first defendant, Police Service Commission as the second defendant and the attorney general as the third defendant.
Edmanley’s appointment was terminated by the President in 2014 after his suspension over “neglect of duty and his competence to lead the Vanuatu Police Force”.
The case went to court on 29 August and the ruling was handed down by Justice David Chetwynd on 1 September 2016.
In his ruling the judge said Edmanley, through his lawyer, failed to prove that the decision made by the Commission to advise the President to suspend him and then later terminate him was not lawful.
“There is no claim against the Third Defendant and the Claimant is not challenging His Excellency’s decisions to act on the Commission’s advice”.
“As he has not established that the advice from the Commission was unlawful in any way the claim must be dismissed”, said Judge Chetwynd.
Arthur Caulton Edmanley was appointed Commissioner of Police on 6 April 2013. He was suspended and then removed from office in late 2014. He filed a claim for Judicial Review on 14 October 2014 and was initially seeking a review of his suspension. This was later amended and filed on 6 March 2016 following his termination from office.
The Vanuatu Police Force has been without a Police Commissioner ever since Caulton was terminated.
Earlier attempts to advertise and process the appointment of a new police commissioner was marred by the termination of the chairman of the Police Service Commission.
But as of yesterday the post of the Police Commissioner was readvertised by the new chairman of the Police Service Commission, Willie Vira.
