Aust pilot’s charges to be clarified

By BOURA GORUKILA
AUSTRALIAN pilot David John Cutmore allegedly involved in the country’s largest drug bust last year will return to court on Wednesday so his charges under the Civil Aviation Safety Authority Act are clarified to him.
Magistrate Alex Kalandi, in a grade five court (Central), made the order after dismissing Cutmore’s application to strike out the charges and dismiss the entire proceedings on the grounds of multiplicity and double jeopardy under Section 37 (8) of the Constitution.
Magistrate Kalandi dismissed the application because Section 37 (8) did not apply in the matter.
“Section 37 (8) of the Constitution states that no person who has been tried and convicted or acquitted of an offence can again be tried for that offence,” he said.
“Here, the defendant was tried and convicted by the court on July 31, 2020, for unlawfully entering the country without being a holder of an entry permit.
“I am of the view that the charges the defendant is currently charged with are different acts and omissions with the one that the defendant has already been tried and convicted.”
The offences were committed at the same time (July 25, 2020) as the charge of unlawful entry – without an entry permit.
“The current charges under Section 278 (1) (a) and 280 do not relate to the one already tried, thus, the court is of the view that section 37(8) of the constitution the principles of double jeopardy do not apply here.”
The court is also of the view that the principles of multiplicity do not apply here.