National court orders police to review dismissal of officer

The National Court has ruled in favor of former police officer Smith Kop, finding that his dismissal from the Royal Papua New Guinea Constabulary [RPNGC] was procedurally flawed because his statutory right to a review was ignored.

Kop, who joined the force in 2011 and rose to the rank of First Constable in 2021, was dismissed in December 2023 after video footage surfaced on social media showing him consuming methamphetamine. The footage went viral and led to disciplinary charges under the Police Act 1998.

Kop did not deny the charges but argued that the process leading to his dismissal was unlawful. He claimed that the officer who charged him, Metropolitan Superintendent Silva Sika, lacked proper delegated authority.

He also claimed that his rank was incorrectly recorded as “Constable” instead of “First Constable,” which he argued deprived him of the option of demotion rather than dismissal.

He said after receiving notice of his dismissal, he wrote to the Commissioner on 22 February 2024 requesting a review of the decision. That request was never considered.

Justice Crowley ruled that under Section 26 of the Police Act, officers have a clear right to seek review of disciplinary penalties within seven days of notification. Kop’s letter was timely and valid, yet the Commissioner failed to respond.

“The right to be heard before an adverse decision is made is a fundamental principle of natural justice,” Justice Crowley said. “It would make a mockery of the legislation if there was no obligation on the Police Commissioner to respond.”

The Court found that Kop had been denied his right to be heard, a serious procedural flaw that invalidated the process.

The Court issued an order of mandamus, requiring the Commissioner of Police to properly consider Kop’s review application according to law and must be conducted in line with the police Act.