Court rejects evidence, orders arresting officer to tender exhibits

By JAMES GUMUNO
THE Mt Hagen district court yesterday refused to accept evidence in a drug possession case because the police failed to tender exhibits belonging to an 18-year-old accused.
The exhibits, comprising K600 and a mobile phone, were believed to be in the possession of an arresting officer. Magistrate Donald Joseph ordered the police prosecutor to check with the arresting officer and tender the exhibits on Friday.
Gibson Ken, from Hela’s Lake Kopiago, was arrested on Thursday in Mt Hagen and charged with being in possession of and selling 200 packets of marijuana.
Ken pleaded guilty but alleged that his money and handphone were taken by the police.
The prosecution wanted to tender the marijuana as exhibit but Joseph rejected it.
“If police fail to tender the money and handphone as exhibits … the arresting officer needs to be referred to the provincial police commander, questioned, arrested and charged with theft,” Joseph said.
“There are processes and procedures to follow when arresting suspects. Policemen must not try to take advantage of their blue uniform and steal from (suspected) offenders.”
Joseph said suspects, who were arrested, were also protected by the law and due care must be followed by arresting officers.
Ken was allegedly in possession of the marijuana and selling it at Queens Park when policemen on foot patrol confronted and arrested him. He admitted to selling marijuana and pleaded to the court for mercy.
“I will not sell marijuana again,” he said.