The Senators also questioned Commissioner While about that writ of mandamus which the Supreme Court issued upon him back in March 2014.
You'll remember it as the lawsuit that the then Opposition Leader, Francis Fonseca, brought against him to force him into investigating Elvin Penner for his role in the Won Hong Kim passport scandal.
After listening to the case, Chief Justice Kenneth Benjamin compelled the ComPol to launch that investigation.
It's been more 3 years later, and Penner has not been charged by the state for any offenses related to the Citizen Kim scandal.
The Senate asked him for an update on that case, as well as his opinion on how well he complied with that writ of mandamus.
Hon. Mark Lizarraga - Business Senator
"Commissioner we want to speak to you some about you're ignoring the mandamus of the court to provide the files on the Wonhong Kim matter."
Allen Whylie - Commissioner of Police
"No sir, I've never ignored any court order. Thats not true."
Hon. Mark Lizarraga - Business Senator
"I'd like to read a quote that was in the local press and it states here quoting from Chief Justice Kenneth Benjamin saying, that the Commissioner lack of action in the immigration matter was unreasonable, irrational and unlawful. Are you familiar with that quote from the Chief Justice?"
Allen Whylie - Commissioner of Police
"Yes, but we also remember that the Solicitor General gave notice that he will appeal that order, but notwithstanding the order was obeyed and the matter was investigated. I've said that publicly the matter was investigated."
Hon. Mark Lizarraga - Business Senator
"So in your view you did not do anything unreasonable, irrational or unlawful?"
Allen Whylie - Commissioner of Police
"Of course not. I sat in court and I listen and what was presented in the court and the document used, a document that was written by the DPP. That document had nothing to do with the Wonhong Kim matter, which was with the writ of mandamus I believe. That had to do with missing files. That memorandum had to do with the missing files, it didn't had to do with the Wonhong Kim issue at all. So that I believe was a misrepresentation to the Chief Justice, but I am no lawyer, I accepted what the Chief Justice said and I directed the investigation be done and it was done. But that did stop me from believing that I did anything wrong and up to today's date I believe I did nothing wrong and as I said I look forward to this matter that the SolGen said he would appeal, eventually goes on appeal and we see where we go from there, but I am satisfied that I did nothing wrong."
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