Freed of conspiracy charge

DEFENDANT Marilyn Espolong, charged with conspiracy to pervert the course of justice under section 128 (1) of the Criminal Code Act, had her case dismissed yesterday because there was insufficient evidence to support the charge.
Magistrate Tracy Ganaii found that witnesses, who were public safety officers at the Boroko police station, relied on hearsay evidence and dismissed the case.
She ordered that Espolon’s bail money of K1,000 be refunded.
Police also relied on an exhibit called the offender movement history which showed that Espolong’s son Adam Chin Cheah was released by officer in-charge juvenile, re-arrested by detective Roman Anton and was released on a K1,000 bail on medical grounds.
Cheah, 19, of mixed Malaysian-Filipino parentage, is charged with sexual penetration of a girl in Port Moresby in 2019.
“What the prosecution submission did not address is the sufficiency of evidence,” Magistrate Ganaii said.
“On the evidence itself, there is not much help from the prosecution and defence.
“I’ve gone ahead to assess the evidence and this is what I have to say: In relation to all the witnesses who are public safety officers at Boroko police station, all their evidence appears to me to be hearsay.
“This is not direct first-hand information, this is evidence that they’ve learnt about.
“In relation to Roman Anton’s evidence, he said the cell record showed that there was intentional conspiracy with OIC cell.
“There’s no evidence by OIC cell. OIC cell is the person that’s got to produce the record, the record that Anton is relying on. But this person had not made the statements, its other people, people who are working at the public safety.
“There is no evidence from OIC cell who is the competent witness to produce the cell records.
“In my view there is no evidence supporting that.
“I find that elements are not being made out, the evidence has not supported the charge against you and I will discharge you forthwith and order your bail to be refunded,” she said.
Espolong was alleged to have conspired with Anna Wills, attached to the Juvenile Justice Division at the Boroko police station, on April 26, 2019, to remove Cheah from the police cell.
Meanwhile, Cheah’s case was adjourned to next Thursday because Magistrate Ganaii wanted to conduct an inquiry on how statements of the victim were obtained.
“She’s a big girl but her signature on the statement just contained her initials. Her passport might have a signature but I don’t see any signature on her passport to make comparisons to assist me.
“Another thing is Anton, the investigating officer, at one stage when I was trying to make an order to strike this matter out because of lack of police file, he filed an affidavit saying that he had difficulties contacting the child victim.
“Sometimes later he produced the file.
“As the investigating officer, he has not sufficiently explained how he had obtained the young child’s statement as required by the law.”
Meanwhile Magistrate Ganaii reserved her ruling to next Thursday on Cheah’s case because she wanted to conduct an enquiry first on how the investigator had conducted his investigations in obtaining evidence from the victim (who was alleged to have been sexually penetrated by Cheah) before she makes a ruling.
The victim was also summoned to appear to assist the court.
The magistrate noted that she was not in the country but told prosecutor in carriage Sgt Joseph Sangam to facilitate the summons.
Cheah is charged with sexual penetration of the girl in a hotel in Port Moresby in 2019. The girl was 16 years old at the time
Cheah’s bail was extended.