Court strikes out policemen’s case

By ROBINSON LEKA
THE Waigani District Court yesterday struck out the case of 12 policemen charged with having items stolen at the Asia-Pacific Economic Cooperation (Apec) Joint Security Task Force in Sir John Guise Stadium last November.
Senior Magistrate Cosmas Bidar dismissed the case because invalid charges were laid against the policemen and ordered a refund of all the bail money.
Bidar pointed out to the prosecution that amendments to the Summary Offences Act last July had rendered the charges against the policemen invalid and not recognised by the law.
He agreed with the defence’s lawyer that the policemen were charged under Section 16 of the old Summary Offences Act which was contrary to Section 37 of the Constitution.
“No one can be convicted of an offence that is not defined by law, and the penalty for which is not prescribed by a written law.
“The offences the policemen are charged with are (also) trivial in nature. The charges are no longer legal in law,” he added.
The prosecution told the court that several items from the catering section at the stadium were taken during a demonstration by policemen and prison officers for non-payment of allowances at the Apec Leaders’ Summit.
Following a complaint, the police commissioner ordered a search of the policemen’s residence in Kila Barracks where water containers, dispensers and paper cups allegedly taken from the stadium were found.
Bidar, in striking out the case, said the policemen’s account of how they came in possession of the items was satisfactory and “this matter is not worth the time and expense of the court to move forward to trial”.