Committal Court dismisses CTSL manager’s application

COMMITTAL Court in Waigani has dismissed Comrade Trustee Services Ltd (CTSL) statutory manager Sitiveni Weleilakeba’s second application to have his matter struck out as police file was served properly.
Magistrate Paul Puri Nii made the ruling on Monday after being satisfied that there was evidence and proof of Weleilakeba’s service.
“The application is refused because the service was effected on the defendant followed by a proof of service,” Magistrate Nii said. “There is no strict requirement for service under the District Court Act as long as service is effected on the defendant.”
Magistrate Nii said the service may be effected through Correctional Service officers if the defendant was in custody and through their lawyers and defendants personally if on bail.
He added that police informant Timothy Gitua proved to the court last week that he had instructed his officer to serve the file to Weleilakeba.
“Any policeman or woman attached to the Police Department may serve the police file to the defendant with the instructions and permission of the case informant or authority.
“I am satisfied that the police file was served to Weleilakeba by a police personnel upon the instruction of the case informant with the proof of service,” he said.
Submissions on police evidence against Weleilakeba for his charge of dishonestly applying, forgery and uttering are to be made on May 23.
Weleilakeba was arrested on Jan 25.
Since then the case has been adjourned for the police to file evidence and on May 4, the police file of evidence was served on Weleilakeba.
Weleilakeba’s lawyer Philip Wariniki said the police file was served as improper service and made the application to strike out the case for want of service.
Wariniki in his application said that Weleilakeba was entitled to full protection by law and the manner of service was not in line with the standard procedure.