Rape case dismissed due to defective wording of charge
A COURT has thrown out a case on rape because the statement and wording of the charge were defective and full of jargon.
Lae District Court Magistrate Tera Dawai last Friday acquitted Bobby Tobby, 52 of Zogefifi village, Sialum in Tewai Siassi district, Morobe, of a charge of sexual penetration. “If I can’t understand this information, how can the accused person before the court now understand it too?” he said.
He advised the police prosecutors to write reports in simple English so that it is easy for everyone to understand.
“This information is badly written and is also bad lawfully. So I am throwing this case out,” he said.
Dawau ordered that the K500 bail money be refunded to Tobby. The allegation was that Tobby between Aug 1, 2019 and Aug 18, 2020 at his village committed incest by continuously have sex with a relative who got pregnant.
The court was told that when the woman got pregnant, Tobby allegedly blamed a deaf person.
The woman gave birth four months ago.
12 comments
Another case of police prosecutors incompetency – cant even write simple English for clear understanding by the magistrate for a decision to be handed down. It begs a lot to be desired – how did we recruit this police prosecutor. It clearly demonstrate how ineffective the police recruitment process is – and whoever is responsible should hang their heads in shame cos they contributed to low literacy police investigators currently in the police force.
And those responsible for police prosecutions – do you ever feel ashamed that your incompetent prosecutors are doing an incompetent job every time a case gets thrown out by the courts? It also goes to show that you yourselves are incompetent as well – your inaction is condoning the continuation of incompetent police investigators and prosecutors.
One Strike You’re Out should be the penalty for this defective wording cop . how did he/she apply to the force at the first place ?? somebody filled out the recruitment forms for you? justice is not fully served because of your incompetence
How the heck did The responsible Prosecutor got there in the first place. I hate to blame corruption either through Bribery or Nepotism.
Justice not served is justice denied by the so called people who were entrusted with performing and upholding the integrity of the duties they perform. So much tax payers money wasted on such incompetent Prosecutors.
Em tru…. tokim ol bai save skul gut
The effect of “OUTCOME BASED EDUCATION”….
It seems a very lame excuse for throwing the case out. Was it really police incompetence or has corruption raised its ugly head again?
If this happened to me, I would very much be tempted to take the law into my own hands.
Send the police officers who wrote the statement to repeat elementary school or attend a Grammar classes.
In that case, the Police Officer writing the report should be held accountable. There is no justice if the case was true.
Writim simple english tasol, u laik writim complicated wan usim ol hard terms even u no save lo meaning na spellin blo ol displa words, m by u paulim u yet.
NEED FURTHER STUDIES!!
Nowadays people are using their friends or wantoks certificates to find employment or through bribery
Doesn’t serve the purpose of being a police prosecutor in assisting courts to deliver just and fair justice. Police incompetency at its best…..
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