Court allows withdrawal of rape case

By ZEDAIAH KANAU
A COURT magistrate has allowed an application for withdrawal of a rape case of a 15-year-old girl after the arresting officer filed an affidavit claiming payment of compensation (to the girl).
Magistrate Tracy Ganai on Friday at the Waigani committal court withdrew the case against Simon Pangu, 21, from Pangia in South Highlands charged with raping a minor.
Police prosecutor Sgt Christian Iga told the court that the arresting officer in the case had instructed for withdrawal after both parties settled the dispute out of court. Ganai was reluctant to withdraw, claiming that the statute of law needed to be maintained regardless of the circumstances surrounding the case.
“I take note of the affidavit filed by the investigating officer since he’s the one that instructs you (prosecutor) the status of the investigation,” Ganai said.
“You are being informed that he is unable to obtain any evidence and there won’t be any evidence coming to assist the committal process so there is an application for withdrawal.
“I would insist that the complainant appears in court and tells the court of her reason for withdrawal because although the case is against an individual, a State law has been broken.”
Ganai said in all such cases the court needed to be satisfied that there was no interference and perversion of justice before the court could grant withdrawal.
“Even if the police is saying that evidence is not forthcoming, you (prosecutor) have powers under the Police Force Act to summon witnesses to court to give evidence.” The alleged offence took place on Sept 14, 2019 behind 9-Mile Plaza, outside Port Moresby. Pangu was alleged to have known the girl before the incident had occurred.