Court directs officer to explain reason for adjournment

WAIGANI Committal Court magistrate Tracy Ganaii has directed an arresting officer of a cybercrime case to file an affidavit which is to be presented at the next hearing on Feb 11.
Magistrate Ganaii said the affidavit filed by Det Sgt Abel Andrew must justify reasons for the court to grant an adjournment so parties would be aware of the status of the case.
The defendant, Rob Agen, 48, from Suwai village in Sinesine, Chimbu, was charged with defamatory publication after he allegedly made remarks about Moresby South MP Justin Tkatchenko on Facebook in relation to land portion 1221 at 14-Mile, Central, where an eviction exercise took place.
Magistrate Ganaii said that the court was giving directions but arresting officers were not complying. It is important that they must inform the court through their filed affidavits on the stages of an investigation,” she said.
“If the reality in the case is that they will need three months, they should say so in the beginning so everybody is aware.
“The court can assess the nature of the investigations too and make some further directions in relation to the file.
“Sometimes, the case may require one month but the investigators don’t come back to us and we prolong the case unnecessarily.
“Committal process is not a trial court, it’s an administrative court.
“We need to understand what’s happening with the investigations.
“The three months’ time cap has been taken off which means that cases are now assessed on their own circumstance on a case by case basis. If they say nil instructions, they must tell me why they don’t have instructions.
Police alleged that on Sept 13, Agen posted on his Facebook page regarding the eviction: “Was all about one man who was not a native Papua New Guinean.
“I’m afraid this was all about one man and his self-interest,” Agen allegedly posted in reference to Tkatchenko.