Vanuatu police say they are waiting for direction before investigating the 2009 killing of recaptured prisoner John Bule.
A coroner's report issued two years ago found Mr Bule had died after being beaten by police.
That report, which was highly critical of police, had been blocked by a judicial review sought by the Commissioner, Joshua Bong, who is now on suspension for undisclosed reasons.
The Supreme Court has ruled on that review and it says police must bring to justice the people who killed John Bule.
The acting police Commissioner, Arthur Caulton, says they want to investigate the death but they are still waiting for direction.
"We need some direction whether from the Public Prosecutor or the courts since there has been some involvement of the current Commissioner of Police, who is at the moment on suspension. So we need some direction from the court or the Public Prosecutor as to where to continue with this case at moment"