Candidate’s appeal refused

A COURT has refused a no-case application filed by National Capital District regional candidate Robert Agen who is charged with causing grievous bodily harm and sexual assault.
Acting Judge Tracey Ganaii made the ruling yesterday in the Waigani National Court and adjourned the matter to today for defence submission.
Acting Judge Ganaii said the State had presented an indictment against Agen, 50, from Aregol village in Sinasina-Yonggomugl, Chimbu. Agen is alleged to have assaulted the complainant Alwin Hennah Joku on four occasions in 2018.
Agen is alleged to have assaulted and sexually penetrated Joku without her consent on April 30, 2018, at Ower’s Corner in Sogeri, Central.
The next assaults occurred on Sept 15, 2018, in Waigani, Port Moresby.
Acting Judge Ganaii said elements of both charges of grievous bodily harm (two counts) and sexual assault (two counts) were supported in the offence provision. “Section 340 (of the Criminal Code) says that a person who unlawfully assaults another person and by doing so does bodily harm is guilty of a crime.”
She said the offence of rape in Section 6, the definition provided that sexual penetration as used in the definition was complete when there is introduction to (sex).
“Section 347 provides the definition of rape – a person sexually penetrates another person without their concern is guilty of a crime of rape.”
Acting Judge Ganaii said in the offence of grievous bodily harm under Section 319 stated that a person who unlawfully does grievous bodily harm to another person is guilty of a crime.
She said for the record of interview, the affidavits of all State witnesses and the summary of evidences were admissible.
“Joku (complainant), when questioned, said after the forced act of sexual intercourse, the accused made me to sit down in the house and ask if I understood that I have brought shame to his family,” she said.
“He even took out his belt and whipped her several times. There were more than three instances of whipping. Joku said she felt pain and her back was hurting that lasted for about 10 minutes.
“Joku further said Agen demanded sex, she cried and refused but yet she had no choice, she was his property, he forced himself on her.”