By PETER MIVA
THE public solicitor’s representation of well-to-do Papua New Guineans has drawn the ire of Justice Nicholas Kirriwom.
“If the Public Solicitor has the time and the money to represent persons with means of bail applications, how about pursuing the 100 impecunious persons currently in custody awaiting their cases,” Justice Kirriwom observed at the Lae National Court last Friday.
“Some ... have been there for years and (are) even suffering from life-threatening diseases contracted over long period(s) of detention.”
Justice Kirriwom’s statement was made when refusing bail for accused murderer, businessman Dr Andrew Lakau, who was being represented, not by Yayabu Lawyers as previously reported, but by a public solicitor.
“It seems the message is not getting through since this court’s observation in the matter of Titus Wambun versus the State (2001), where the applicant was offering K5,000 for bail and was represented by the Public Solicitor,” Justice Kirriwom cited.
Public Solicitor Mwagawa Mwawesi said appointed counsels Yayabu Lawyers did not have practicing certificates, adding he was appearing “in a private capacity as a friend of the applicant”.
All grounds put forward by Mr Mwawesi to seek bail were ruled out.
A medical certificate from Dr Dela Pokatou that stated that Dr Lakau was suffering from hypertension, was viewed by Justice Kirriwom as: “Poor medical condition ... is not and has never been a basis for releasing a prisoner from jail except where clemency is granted by the committee on Power of Mercy.”
Dr Lakau was accused of picking up a young girl and taking her to the Huon Gulf Motel and raping her in 2004.
Police said the girl died from injuries sustained to her sex organ resulting from forced sexual intercourse.