Court allows prosecution to decide on time, validity of cybercrime case

A MAGISTRATE has raised the issue of time limitation of a charge in a cybercrime-related case.
Magistrate Rebecca Kalepo in the case concerning Adam Chin Cheah, 19, of mixed Malaysia and Philippines parentage, allowed the prosecution at the Boroko District Court on Thursday about 10 days to decide on the time issue and validity of the charge.
Cheah is charged with using a secret listening device to intercept or to attempt to intercept a private communication.
Magistrate Kalepo ordered Police Prosecutor Snr Sgt Peter Asi to inform the court on Oct 28 on the issue of time limit and the validity of the charge.
According to a copy of the charge sheet obtained by The National, police alleged that on Aug 15, Aug 23 and Sept 3, 2019 Cheah secretly recorded voice conversations between him and businessman Jeffery Kennedy in Port Moresby.
Police alleged that Cheah used an iPhone recording device to make public defamatory materials of Kennedy by including writing, text messages and audio visual recordings that injured his reputation.
Det Snr Const Desmond Kami, from the Waigani police station, laid the charge against Cheah on Sept 10, 2020.
Snr Sgt Asi said Cheah appeared without a lawyer but the issue on the time limit of his charge was raised by the court.
“The court raised the issue on the time limitation of a charge and in this case was Cheah’s charge,” he said.
Snr Sgt Asi said the prosecution would prepare a short submission and present it to the court on Oct 28 regarding the validity of charge. This is the second time Cheah has been charged with a cybercrime-related offence against Kennedy – the complainant.
The Boroko District Court dismissed a similar charge against Cheah on July 13.
Magistrate Kalepo had dismissed the case following a request made by Snr Sgt Asi to withdraw it.