Conspiracy charge requires two persons, says magistrate

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The Nationl, Monday 10th September, 2012

WAIGANI Committal Court magistrate Rosie Johnson last Friday told police prosecutors a conspiracy charge required two or more persons to face the same charge.
Johnson made the comment after striking out a conspiracy charge against a man charged with conspiracy, misappropriation and false pretence of K50,000.
 “You cannot charge someone with conspiracy when the co-accused is or are not charged with the same charges.
 “They have to be charged together. From the outset, conspiracy could not stand alone,” Johnson told the prosecutors.Johnson, however, committed David Kingsley Pera to the National Court in Waigani, Port Moresby, after establishing there was evidence on charges of false pretence and misappropriation relating to the K50,000 belonging to the Department of Petroleum and Energy.
She ruled Pera had a case to answer in relation to the false pretence and misappropriation charges.
Police alleged that on Aug 1, last year in Port Moresby, Pera claimed to be the managing director of a company, Timkduka Idoim Ltd, and wrote a letter to the Department of Petroleum and Energy, asking it to pay 60-70% down payment to his company for the total cost of K294,547.55 to do maintenance work at Telikom Rumana building.Police alleged the statement of facts showed that the K50,000 was made payable to his company on Aug 5 last year.Police claimed there was no lease agreement or contract between the Department of Petroleum and Energy and Timkduka Idoim Ltd.Pera is to appear today for listing in the Waigani National