Cocaine case switched
ITALIAN yacht owner Carlo D’Attanasio appeared in the Waigani District Court yesterday to be read his drug-related charge – again.
D’Attanasio, 52, from Italy, appeared before Magistrate Tracy Ganaii.
He had appeared in the Central District Court last week but the alleged incident had occurred in Port Moresby so the accused had to be read his charges in the right court.
According to a copy of the charge sheet obtained by The National, police alleged that D’Attanasio without reasonable excuse had in his possession on board his yacht Badu prohibited import, 50 grams of cocaine.
He was charged with possession of narcotic drug.
Police alleged that on Aug 3, at the Royal Papua Yacht Club at Fairfax Harbour in Port Moresby, D’Attanasio had the drug, breaking the law under section 151 (2) (a) of the Customs Act.
Meanwhile, D’Attanasio was discharged of his other charge before Central Committal Court Magistrate Laura Kuvi last week.
The charge was for smuggling prohibited import of 611kg of cocaine under the Customs Act.
D’Attanasio’s lawyer Frederick Lunge challenged the police and prosecution’s powers of arresting and charging his client under the Customs Act.
Kuvi ruled in favour of D’Attanasio with the statement that it was the responsibility of the Customs officers to charge those who broke the law under the Customs Act.
Lunge is expected to file a similar application on D’Attanasio’s charge.
D’Attanasio was remanded in custody and he returns to court on Monday.
Lunge, of Ninerah Lawyers, said his client was charged inappropriately so he intends to call for the case to be struck out.
5 comments
Interesting to read how they ( Police Prosecutors) charged him wrongly and why. My personal thoughts or assumptions are these: 1. The Police Prosecutors do not know and understand the relevant law to apply; 2. May be the Police Prosecutors miss interpret the laws, meaning lacks proper education; 3. May be knowingly applied the wrong law(s) to arrest and charge the offender for self benefits after; Or May be the court service misunderstand the case and the law. Why wasting money and time? If they personal interests, then should step aside and allow for neutral officers to deal with. If not, this is your country and fight with teeth to protect your country.
So any ordinary person will read the decision as 611kg of cocaine is not a crime in PNG if the wrong person prosecute you.
It’s like saying if smoke marijuana and drink JJ in the village its OK because their is no manufactured smoke and alcohol in the village.
But if found in town its a crime.
What ever it may be but the bottom line is this, 611kg of cocaine warrants death penalty in other countries. What is the logic?
Stupid, poorly educated policemen working on serious cases like this. Come on Commissioner….don’t make your police force a laughing stock in the eyes of the policing authorities around the globe. Start recruiting university graduates with law degrees to handle police prosecution jobs!
WHEN A CASE SENSITIVE AS THIS ARISES, PEOPLE INVOLVED MUST BE, POLICE LEGAL OFFICERS/DIRECTOR CRIME/DIRECTOR PROSECUTION/POLICE COMMISSIONER/SENIOR POLICE INVESTIGATORS AND GROUP OF DRUG ENFORCEMENT OFFICERS/ARREST PARTIES/AND INVITE PUBLIC PROSECUTORS NOT TO MENTION AFP TEAM AND THEIR LEGAL TEAM, WHY BECAUSE THIS PLANE CAME FROM AUSTRALIA/DRUG WERE BOUND TO AUSTRALIA AND THE PLOT INVOLVES ITALIANS AND MORE PNG NATIONALS AND AUSTRALIANS .THEN THIS TREAM MUST HAVE A CRIME MANAGEMENT TEAM TO INDICT AND CHARGED THIS CULPRITS WITH PROPER CHARGES… SEE WHERE THE FAILURE LIES WHEN CASE SUCH AS THIS THROWN OUT OF THE COURT… THIS IS BULLSHITS SOME POLICE OFFICERS DO NOT HAVE GUTS TO STAND WITH PNGEANS AND GET THE PEOPLE INVOLVED JAILED..
WHEN A CASE SENSITIVE AS THIS ARISES, PEOPLE INVOLVED MUST BE, POLICE LEGAL OFFICERS/DIRECTOR CRIME/DIRECTOR PROSECUTION/POLICE COMMISSIONER/SENIOR POLICE INVESTIGATORS AND GROUP OF DRUG ENFORCEMENT OFFICERS/ARREST PARTIES/AND INVITE PUBLIC PROSECUTORS NOT TO MENTION AFP TEAM AND THEIR LEGAL TEAM, WHY BECAUSE THIS PLANE CAME FROM AUSTRALIA/DRUG WERE BOUND TO AUSTRALIA AND THE PLOT INVOLVES ITALIANS AND MORE PNG NATIONALS AND AUSTRALIANS .THEN THIS TEAM MUST HAVE A CRIME MANAGEMENT TEAM TO INDICT AND CHARGED THIS CULPRITS WITH PROPER CHARGES… SEE WHERE THE FAILURE LIES WHEN CASE SUCH AS THIS THROWN OUT OF THE COURT… THIS IS BULLSHITS SOME POLICE OFFICERS DO NOT HAVE GUTS TO STAND WITH PNGEANS AND GET THE PEOPLE INVOLVED JAILED..
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