Court rejects motion


THE Waigani Committal Court has rejected a notice of motion to dismiss the case of Chuave MP Wera Mori who was charged with official corruption.
Mori was alleged to have misappropriated about K40,000 of Chuave district funds (Chimbu) on July 22, last year.
Senior Magistrate Cosmas Bidar yesterday said the court refused the notice of motion because the matter had been in court for almost 10 months and that the court also had to deal with the substantive matter.
Mori lawyer John Napu argued that his client was wrongly prosecuted under Section 120 of the Criminal Code.
Napu said Section 120 referred to judicial officers and not politicians.
He alleged that Stanley Poga, the lawyer prosecuting the case, was a suspect in the matter and that the State should get someone who had no interest in the matter to present the case.
Poga told the court that Mori was prosecuted according to Section 120 of the Criminal Code and stated that Napu was only making accusations.
After hearing arguments and allegations Bidar explained to a packed court room that laws dealing with official corruption in the Criminal Code fell into three categories:

  • Section 87, which deals with public servants and corruption;
  • Section 109, which deals with judicial officers, referring to judges and magistrate; and
  • Section 120, which can even mean people trying to bribe policemen.

Bidar said Mori was rightfully prosecuted under Section 120 of the Criminal Code.
The court rejected the notice of motion to dismiss the proceedings against Mori and ordered prosecutions to continue.
The matter was adjourned to Oct 5 for Mori to go through his affidavit with his lawyer before his next appearance in court.

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