Court denies Popate bail

 THE Waigani Supreme Court has refused to grant bail to Komo-Margarima MP Francis Potape. 

Justice Derek Hartshorn, presiding as a single judge, ruled last Friday that he was not satisfied that exceptional circumstances existed in Potape’s case to grant bail. Hartshorn refused all grounds of good prospects of success of appeal – his role as MP, his medical condition and the sentence served – put to the court.

“As to the appellant’s (Potape) prospects of success of appeal, I note the approach taken and the comments made by the Chief Justice in Kavo’s (Gulf governor) case in respect of the consideration to be given by this court in this favour.” Hartshorn said. 

“I say, however, with respect, that in my opinion it is not for me to form a view as to the appellant’s prospects of success of his appeal.” 

The court ruled that it was not satisfied that evidence had shown that Potape’s medical condition would be adversely affected by being in prison or that his condition was seriously deteriorating.  

Potape was jailed for two years and six months by the Waigani National Court last month after he was convicted on fraud-related charges.