THE Bomana Committal Court struck out a rape case on Friday because police failed to provide files on time.
The case of Mathew Tusala, who allegedly raped a girl with disabilities at 9-Mile in Port Moresby, started on March 9.
Magistrate Cosmas Bidar said police had failed to serve files on the defendant although more than three months had elapsed.
Police prosecutor Sergeant Joseph Sangam said according to a police informant, parents of the victim did not want the case to continue.
Bidar said offences against disabled people in the form of sexual harassment had become prevalent.
He said it was also the constitutional right of the defendant to have his case dealt with in a reasonable time.
Meanwhile, Bidar also struck out a number of other cases because police had not served briefs in three months.
These are the:
- Case of Junior Numa Roka charged with the wilful murder of his wife at Tatana village in Port Moresby. Bidar said it was a serious offence;
- Case of Vitolo Hairi charged with causing grievous bodily harm using a knife to injure another man. His case was dismissed previously because files were not served. He was rearrested on the same charge and still files were not prepared. Bidar said it was a rearrest case so files should have been ready in a short period of time; and,
- Case of Lima Yangala charged with the attempted killing of another woman at the Morata settlement in NCD.
Bidar said he had noted that police informant Constable William Warakunje of the Waigani Police Station was responsible for the three cases.
He said Warakunje was not doing his duty to serve the files to the defendants, allowing more than three months to pass.