Vanuatu's Supreme court has struck out a constitutional case of the former police commissioner, Joshua Bong, challenging his dismissal.
Mr Bong's lawyer, Saling Steven, lodged an application after the President, Iolu Johnson Abbil, dismissed Mr Bong last week.
Mr Steven argued that while Mr Bong's contract ended at the end of September, he is still the commissioner until his performance is reviewed by the Police Service Commission.
However, the Chief Justice Vincent Lunabek said the 2010 amendment in the police act calling for a performance review after three years in the office will apply only to the new commissioner that will be appointed after Mr Bong.
The Chief Justice said the amendment was not retrospective to Mr Bong who was appointed in 2009.
Arthur Caulton is the acting commissioner until new commissioner is appointed.