By DAPHNE WANI
A national court judge says changes have been made to a particular section of the Bail Act.
Justice Panuel Mogish explained that when bail was sought for persons charged with serious offences, all parties – lawyers, prosecution and magistrates – should be aware of the amendment made to section 4 of the Act.
Mogish told the Waigani National Court that when he identified an error made by a committal court magistrate to grant bail to Shane Kesiko, who was charged with armed robbery.
He said magistrate Cosmas Bidar had exceeded his jurisdiction in dealing with the charges of armed robbery when he granted bail.
He said despite the circumstances of the accused as stated in the summary of facts by the police, it was a matter for the National Court to allow bail.
Mogish said the normal process was for the state to appeal the ruling of the committal court however, it was left open until the accused appeared for listing at the National Court on Monday.
The court questioned as to how the magistrate considered that bail was appropriated.
The court implied that Kesiko’s lawyer from the Public Solicitors Office and the magistrate were unaware of the amendment and asked the lawyers and the prosecutions to each have the copy of the amendment.
Justice Mogish said he will remand Kesiko and expect his lawyer to make a proper bail application at the National Court.
However, the court after considering that the accused was present in court after his bail said the accused wasn’t aware of the error by the committal court.
Justice Mogish granted a K500 bail to Kosike and warned lawyers in court that if such a matter was brought back before his court, he would not hesitate to remand the person charged.
Kesiko will appear at the National Court for listing on 1 Aug, his bail was extended with conditions.
By DAPHNE WANI