Defamation case dropped

By SCHOLAR KASSAS
A MAN accused of using social media to post defamatory remarks against Housing Minister Justin Tkatchenko had his case dismissed by a court yesterday due to inconsistency in the evidence provided by police.
Waigani committal court Magistrate Paul Nii, in dismissing the case against Jerry Kende, 36, from Omain village, Enga, said police could not provide adequate evidence to support the defamation charge and it was not consistent with the complainant’s (Tkatchenko) statement to support the allegation.
“I am satisfied that the police charge of defamatory publication against the defendant is defective as it does not reflect the complaint lodged, therefore, information under this charge is dismissed,” he said.
Magistrate Nii said the information lodged by police did not have the allegation as alleged by the complainant.
Police alleged, on Oct 2, 2020, that Kende posted defamatory words against Tkatchenko which resulted in his arrest and charging.
However, Tkatchenko said Kende had made the defamatory comment against him on June 27, 2020, on his personal Facebook page.
Magistrate Nii said the allegation against Kende needed to be backed with evidence on the post made on June 27 and nothing else.
He said it was this comment that Tkatchenko felt aggrieved about and, therefore, this comment needed to be the subject of focus.
The court also heard that there was no evidence of a record of interview in the police file.
“Evidence is insufficient to commit Kende, information then under inquiry carrying the charges of defamatory publication are dismissed and bail be refunded.”