Cyber case dismissed
A MAN who was re-arrested earlier this month over alleged cybercrime offences had his case dismissed by the Boroko District Court yesterday.
Magistrate Rebecca Kalepo dismissed the case of Adam Chin Cheah, following a request made by police prosecutor Snr Sgt Peter Asi, to withdraw the case as the provisions used to charge Cheah were incorrect.
Cheah, 18, of mixed Malaysian and Philippines parentage who is also facing a sexual penetration charge before the Waigani Committal Court, was re-arrested on July 1.
Cheah’s re-arrest at that time, had prompted National Capital District Met Supt Perou N’Dranou to reprimand two officers from the Hohola police station over the re-arrest.
Police had charged Cheah with two charges under section 3(1) (a) and (b) and section 4(b) of the Protection of Private Communications Act 1973.
Police alleged that between last Aug 5 and 21, he used a secret listening device (mobile phone) to intercept a private communication between himself and Jeffery Kennedy and allegedly divulged it to Marilyn Espolong (his mother) and Alexis Tam (uncle).
But Sgt Asi asked the court to withdraw the case saying: “The provision used on both charges laid against Cheah is incorrect.
“It is related to a charge of interception of private communication between the complainant and defendants on other business matters.
“But prosecution found out that these laws used were not correct.
“Since the Cybercrime Act came into force, all other laws to do with the use of electronic devices supersedes this law, so I made the application to have the matters withdrawn,” Sgt Asi said.
Kalepo dismissed the matter and ordered that Cheah’s bail money of K500 be refunded.
Cheah and Espolong have cases before the committal court, which were adjourned to Aug 6 for last mention.
Cheah is charged with sexual penetration of a girl in Port Moresby last year. They were both juveniles at that time.
Espolong was charged with acting illegally to get her son out of custody. Both mother and son are out on a K1,000 bail each.
3 comments
If the mother had acted illegally, what illegal thing did she do? Put it in public and every can know the wrongs she has done.
Did she bribe the arresting officer? If so, get the officer questioned as well.
we fight corruption and then encourage corruption.
Tru Tru we are hypocrites. We need to spend quality time to check our-self.
Are we really serving for what we being called to serve???
Everything has its seasons. Be careful what you do now will affect you descendant if not you.
For sexual penetration of both juvenile, did it under agreement is serious and must be handled accordingly by law.
What about that Juvenile lady who was also having sex with his husband/boy friend and latter murdered him in cold blood and is hidden by court giving excuses of security reasons. Is there justification for that???
Something I hardly understand.
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