By TODAGIA KELOLA

POLICE Commissioner Toami Kulunga and two of his senior officers were yesterday released on bail by the Supreme Court on contempt of court charges.

Mr Kulunga, his deputy Simon Kauba and Director of Special Services Superintendent David Manning were each released on a K500 bail by the Supreme Court, comprising the five most senior Judges of the country, including the Chief Justice Sir Salamo Injia, DCJ Gibbs Salika, Justices Bernard Sakora, Nicholas Kirriwom and Les Gavera-Nanu .

The three top cops were hauled before the court, charged by the Supreme Court for contempt after they were alleged to have defied two Supreme Court orders made on November 10, 2011 and February 2, 2012 which basically ordered that police refrain from harassing, intimidating or arresting Chief Justice Sir Salamo Injia.

The three men were alleged to have ordered the arrest of Sir Salamo recently in a matter involving the estate of the late Judge Timothy Hinchliffe, however Sir Salamo had successfully taken out a permanent stay order effectively stopping the proceedings against him.

Some concerned lawyers yesterday said it was not proper for the Chief Justice to be sitting on the bench in the case involving the very people who ordered his arrest and prosecution. 

On Wednesday, Parliament passed the controversial Judicial Conduct Bill, designed to deal with ethical behaviour of judges by giving Parliament power to deal directly with the judicial arm.

Yesterday’s proceedings started with a huge presence of policemen who filled the court premises and surrounding areas including the Judges private car-park.
The road leading to the court house was swarming with policemen, many fully armed and in battle gear.

This didn’t go down well with the five men judges and the three police officers were ordered to issue an instruction for their men to immediately vacate the court premises and be stationed some 500 metres away from the court area.

The judges raised concern that the presence of armed policemen within the vicinity of the court area is a direct threat and a form of intimidation on the judiciary.

“Courts should not be put in a situation to be intimidated or threatened. Courts and judges should be allowed to act freely and should not be threatened in any way”  said Chief Justice Sir Salamo.

“There is no security threat, just the sight of armed policemen is intimidating,”  said Deputy Chief Justice Gibbs Salika.

The three senior police officers were ordered to the dock and details of their alleged acts of contempt were read out to them. The three have been charged with six alleged acts of contempt.

After hearing their charges they were asked if they were ready to make their defence but they all said they were not ready.

Their case has been adjourned to May 7. Registrar of the Supreme and National Court Ian Augerea who is prosecuting the contemnors is been represented by Davis Stevens while the three alleged contemnors are been represented by Michael Wilson from Warner Shand lawyers.