Court defers rape, assault case

By VANESSA NIKEN
LAWYER John Napu has filed a notice to withdraw from representing his client, a National Capital District (NCD) General Election 2022 (GE22) candidate, because he disagrees with the conduct of court proceedings.
Napu told The National outside the court house that he detested the manner in which the court proceedings were being conducted.
“My client (Robert Agen) is not afforded a right to fair trial,” he added.
Acting Judge Tracy Ganaii in Waigani on Friday adjourned the rape and assault case to give time for the State to respond to the notice filed by Napu.
“The State is not aware of this, so we will give time for them to respond to the notice,” she added.
Napu said there were two incidents in Sogeri that occurred five months prior, and Agen was never charged.
“He was only charged with common assault in Gerehu, Port
Moresby, and while the case was running, they added these two charges (rape and causing grievous bodily harm).
“But the police came and said they never charged him.
“The ruling yesterday (Thursday) is not a ruling from court, it is a prosecution submission.”
Napu said he would file a Supreme Court reference for interpretations.
He said the interpretations would draw a line relating to the functions of the police as opposed to functions of the prosecution.
Agen, who is one of the 30 candidates in NCD Regional, also raised his concern outside the court that he would seek an interpretation on the fact that he was never arrested for the incidents in Sogeri.
“I was never arrested for rape and I was never arrested for causing grievous bodily harm”he added.
“Those are fundamental requirements, including the record of interview.
“So my constitutional rights were abused.
“Charges just came in after I was arrested for assault.
Napu said: “We are arguing that these are constitutional processes and not administrative processes.
“Why should Agen be committed to trial on causing grievous bodily harm when there is no medical certificate?”