Cop: I have no authority to release suspect on bail

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A POLICE detective constable has told a Waigani Committal Court that he has no authority to decide whether to release an alleged offender on bail.
The decision was with “our bail authorities”, Det Const Roman Anton told Magistrate Tracy Ganaii on Wednesday.
He said that after arresting Filipino Marilyn Epsolong for allegedly acting illegally to get her son, Adam Cheah, released on bail, he took her to the Boroko Police Station to be detained.
“I was not consulted in the decision to refuse Espolong bail as it is up to the bail authority at Boroko to decide whether to grant or refuse bail,” he said in response to a question.
Magistrate Ganaii had earlier said that such offences allowed for bail and noted that no reasons were provided for the refusal.
Det Const Anton said: “After executing the warrant of arrest, and conducting a record of interview in my office, I brought the accused to Boroko where she was detained.
“I didn’t have any power to release her on police bail or not.
“We have our bail authorities, who are commissioned officers, who decide on bail.”
Det Const Anton, who is in charge of the minor crimes division at the Gerehu Police Station, had failed to turn up in court on at least three occasions, prompting the magistrate to issue a summons.
During one hearing last week, the police prosecutor said he would serve the summons to the station commander as the detective appeared to be evading it.
On Wednesday, Det Const Anton said he only executed the arrest warrant four days after it was issued because he was attending a National Court hearing on a robbery.
Magistrate Ganaii had asked if it was a police practice to make arrests during the weekends.
“I was attending to a trial the whole of last week and this week, so I didn’t have time to execute that particular arrest warrant during the day so I had to look for other alternative dates like over the weekend or after hours to execute the arrest warrant,” Det Const Anton said.
To another question, he also claimed that he did not have the documents relating to the arrest as the station commander had thrown them out.
“I actually endorsed it from my office and attached it to the court file but the police station commander came and interrupted me and threw out all the documents.
“He told me that I should not have arrested this lady because the metropolitan superintendent and their bosses didn’t want this particular lady to be arrested.
“We had a confrontation right in front of the office but I have a copy of the endorsement I made.
“The original may have been displaced.”
Asked who had complained against Epsolong, Det Const Anton named Kathreen Ipi Johnson, the mother of the girl whom Adam is alleged of have sexually penetrated.
On June 16, Asst Comm of Crimes Hodges Ette had told the court that the main complainant was one Jeffrey Kennedy.
Magistrate Ganaii said ACP Ette had provided some documents in regards to issues on bail and they included a confessional statement by Adam in Australia.
She said: “There were a lot of allegations in that statement against the same girl that Adam is alleged to have sexually penetrated.
“What have you got to say in relation to that statement against the young girl who is now the victim in your capacity as the police informant in these cases?”
Det Const Anton: “Before Adam was arrested and charged, I had no knowledge of the confession in Australia.
I was only acting upon a complaint lodged by the mother of the victim.”
Espolong was arrested on June 13 and released on bail by the court the next day.
She is alleged to have conspired with Anna Wills, the officer in charge of the juvenile division, to get her son released from custody.
Adam is alleged to have sexually penetrated a girl at a hotel in Port Moresby last year.
Both were juveniles at the time.
Both mother and son will appear in court on July 6 for mention.

9 comments

  • “He told me that I should not have arrested this lady because the metropolitan superintendent and their bosses didn’t want this particular lady to be arrested.

    Is there interference from the hierarchy from observers performing their duties? Police IUU should investigate.

  • Favouritism, Nepotism and Bribery involving Police hierarchy in this case.

    Police seem to have different laws ??

  • Here we go again, police obstructing justice, interfering and so forth. So you say to trust the police to do their job is just bullshit.
    We are in the era of technology better start documenting everything on computer and the paper trail goes on. You may try to delete it now but data is still there, you can still retrieve it

  • Documents thrown out, files gone missing, evading court appearance, arrests on weekends, confusion among who bail authorities are….incredible. Just another day at the office

  • Please Throw them into JAIL and rip of their jobs give to better people who can work fair and just

  • In Kimbe, arresting offenders for minor offence and major crimes and detaining them in the cell for ransom is a lucrative business. Once the ransom is paid, the arresting officer and his boss will release the suspect.

  • Which section of the law states that Police Officers shall not perform their duties over the weekend as stated by the Magistrate Tracey Ganaii

Comments are closed.