Magistrate throws out one of two charges against refugee


A COURT has dismissed a case against a refugee, charged with providing false statements to obtain a PNG passport enabling his travel to Fiji, because the prosecution could not prove its case.
Waigani Magistrate Mekeo Gauli dismissed the case against Iranian refugee Loghman Sawari, 21, because the prosecution failed to establish the essential elements in the charge.
He upheld the no-case-to-answer submission by defence lawyer Loani Henao last month and dismissed the case.
The court found that the arrest of Sawari on Feb 3 was flawed because he was not accorded his rights under Section 42 of the Constitution before a recorded interview was conducted between him and the police.
The provision talked about a person’s liberty.
The court also found that the passport used by Sawari to travel to Fiji on Jan 20 was not submitted to court as evidence.
Gauli ordered that his bail of K1000 be refunded.
Sawari is facing another charge under the Migration Act which is still pending in court.
Sawari was among the asylum seekers sent by the Australian government to the processing centre on Manus three years ago.

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