Police Law Blog European Decisions Statutory Materials

Policy / administrative instruction to redeploy Commissioner gave rise to no legally enforceable rights or obligations

Not an English case – but those concerned at the time taken for police cases to be resolved may raise an eyebrow at the case of Kupo v Independent State of Papua New Guinea [2020] PGNC 3. A Papua New Guniea Commissioner of Police was appointed on 1 November 2001, removed from post on 12 September 2002 and then removed from the payroll on 12 December 2002. He was still litigating for damages in 2019. Aside from the case failing for being two years out-of-time, the court held that where the decision to redeploy the Commissioner, having the effect of removing him, was the result of a policy or administrative instruction, this gave rise to no legally enforceable rights or obligations.