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Convict’s plea for reduced jail term
trashed
By PETER MIVA
A CONVICTED robber’s appeal to the Supreme Court has been described as
“frivolous, vexatious, unmeritorious and an abuse of process of court”.
His appeal was filed in the regulated time and failed to satisfy all
legal principles.
The prisoner, Alex Pori, from Wau, Morobe province, represented himself
before the bench of justices Cathy Davani, Panuel Mogish, and Kingsley
David.
The Supreme Court threw out the application.
Pori had argued that the eight-year jail sentence imposed by the
National Court on Sept 19 last year was “too excessive”.
He was sentenced for the Dec 13, 2004 robbery at the Sawdust Compound in
Wau.
Pori and two accomplices were armed with a home-made gun and two knives.
The three held up a Daniel Nathawiku and while Pori held the gun, his
two accomplices searched the victim.
They took K2,200 in cash, a 36.6g of gold valued at K841.80, a pair of
shoes worth K25, a string bag valued at K15 and a pair of glasses valued
at K15 and fled with the booty.
Members of the public gave chase but stopped when Pori fired.
Pori reasoned that he surrendered himself to the community leaders after
the robbery and was doing community work but was arrested by police as a
suspect in another crime.
But he claimed there was no proof against him for robbery charges.
But the Supreme Court bench ruled against his application and
unanimously agreed that the prisoner had abused the court process when
he failed to file the application within the 40-day statutory period and
offered no good reason for the delay.
The court ruled also that there were no strong or convincing reason or
exceptional circumstance that warranted a review.
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