Court clears official

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By ZEDAIAH KANAU
A MAGISTRATE has cleared suspended National Airports Corporation director Richard Yopo of the five charges he was facing, saying police could have done a much better prosecution work.
Magistrate Ernest Wilmot of the Committal Court in Waigani discharged Yopo, 45, of Irelya village in Wabag, Enga, after finding defects in four charges of dishonestly applying property, stealing property, official corruption and abuse of office.
He struck out the fifth charge of perverting the course of justice because Yopo had not been rearrested in the right way by police.
He said most of the charges against Yopo were not worded in line with the PNG Criminal Code Act, which should have been used as a guide by police.
He said it was disheartening to see such a case thrown out because of lack of due diligence by police.
“In relation to the charge of perverting the course of justice, I find that the accused was never rearrested,” Magistrate Wilmot said.
“So I strike that matter out.
“To the main issue, whether the wording of the information laid out are in accordance with the (criminal) code, the simple answer is no to all four charges.
“There are many discrepancies in the wording of each information against the accused.
“They (police) failed to show the word as reflected in the Criminal Code.
“It is important to look at charges described in the criminal code or any legislation for that matter and the wording of the information must be aligned with the wording of the charges.
“In conclusion, this court finds that police, when (laying) the charges, failed to use the criminal code as a guide.
“That is the whole point of having a codified law.
“It requires great scrutiny, drawing out of the charges and cross-referencing with inclination to what the (criminal) code says.”
Yopo’s K1,000 bail will be refunded.
Outside court, an elated Yopo praised the justice system.
“I have so much belief in the justice system.
“We have a very good process.
“The institutions are very good, but it is the individuals in the institution that continuously mess up (things),” Yopo said.
“At the end of the day, people like us just trust in God.”
“It’s God that has total control of everything.”

9 comments

  • Like I always say: Where there is smoke there is definitely bound to be fire. So Mr. Yopo, do not think and proclaim to be innocent so soon. Just look at why the case was struck out by the presiding Magistrate. It was not because of lack of evidence or that there was no case for you to answer.
    It was because of police/prosecution incompetence. They will in due course review and improve their case presentation and go back to court. On that I am sure and which you should expect. Maybe this time the charges will stick and all will know the truth behind these allegations leveled at you.

    • For your information, the 5th charge was struck off. All 4 were dismissed. The police cannot substantiate the 4 allegations. Meaning, they couldn’t link any evidence subsequent to the allegations that violates interpreted sections of criminal code. Hence it is defect in nature. That is were luck of evidence comes in. If you cannot understand, tell you lawyer what it means. Also, you will only exhaust yourself looking for means to confine yourself in this suppress system of corrupt judgement just to tarnish hardworking people. Afterall , you’re dreaming and killing yourself. Be open to the reality. Stop nonsense.

  • For you information, it was fifth charge that was struck out. The other four were didmissed. Also, the police did not substiantiate. Meaning their evidence could couldn’t correspond to the allegations. That is luck of evidence. Very funny when the truth starts to pop out, people are looking for avanues to convince others to fall in line to their suppress corrupt system.

  • Why don’t they get qualified personnel to supervise the (police) investigation for such cases? I have read about many such cases in the past (and seems to be continuing). Insanity (as defined by Albert Einstein) is ”doing the same thing over and over again and expecting different results”.

  • The reason for striking the case is because no proper wording. You are not guilty or not innocent. Mistakes will be corrected, and keep your faith as you mentioned, justice will take its course. So don’t be overwhelm.

  • Its not over yet. Airports Corp can re-lodge the complaint with police and this time get them to do a professional job. Maybe some raw graduates with poor training were engaged and got this messed up.

    As for Yopo, don’t thank God yet. He alone knows if you are guilty or not. You have not been pronounced NOT GUILTY by the court. The five points of arrest were struck out due to police inefficiency so it can be re-visited!

  • Sure you got one charge struck out and the other four ‘cleared’ due to DEFECTIVE PHRASING of the charges by the police prosecution according to the Magistrate. Note that the Magistrate was DISMAYED that the four charges had to be dismissed. That means had they been worded correctly they would have been upheld and deemed indictable.
    So Jimmy Jayson, I think you’d better read the article again and confirm what the Magistrate actually said about the case. Don’t just conjure up ideas and put words in the Magistarte’s mouth. Mr. Yopo does have a case to answer yet.

  • Police incompetency as always. When are these people ever going to get it right & for once, try to get things right. I used to think charges were laid according to provisions of the Criminal Code (i.e. you use the words from the Code itself when writing out the charge(s)).
    Now, see the outcome of such mistakes. A lesson to learn – Courts are not going to take such discrepancies as minor mistakes.

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