PM’s arrest warrant quashed
A three-man Supreme Court bench today unanimously found the warrant defective and the District Court’s decision to issue it as well.
The court found that lack of care was applied by the District Court in issuing the warrant.
There was no information put on the form to get a warrant. The date on which the information was laid was blank. Even the word ‘Independent’ was spelt wrong on the form.
The court further found that the wrong form was used in applying for the warrant.
To apply for the arrest warrant, form 1 had to be used, as per section 8 of the Arrest Act of 1977.
The court upheld the appeals filed by PM O’Neill and Police Commissioner Gari Baki, and set aside the warrant as void and of no legal effect.
This appeal arose from the decision of August 8, where the National Court ruled it cannot judicially review the manner in which the warrant was issued from the District Court on 12 June 2014.
The Supreme Court ruled that the decision by the District Court to issue the warrant was an administrative decision that was capable of being judicially reviewed.