Incomplete investigations sees pornographic case dismissed

A district court in Lae has discharged an 18-year-old woman for being in possession of mobile phone containing pornographic materials which are produced and downloaded.
Magistrate Pious Tapil last Friday struck out the case and discharged Cathy Philip from Kandep, Enga, because police investigation was incomplete and no proper explanation about the accused (Philip) and her co-accused was presented.
“The defendant (Philip) was in Correctional Service custody at Buimo for over three months and no proper reports were received from the arresting officer and the investigation team”, magistrate Tapil said.
“Enough time was given and since no proper response had been received from the police, I will now struck out the case and discharge the defendant.
“Cathy, this must be your first and the last appearance in court, try to be a good citizen and avoid getting yourself into trouble with other people, because when the law catches you it’s going to be you alone and the law, no one will face it for you.”
The court heard that on March 15 Philip was in company of two other people, Anton Yamson (co-accused) and Jacklyn Bob (victim) at City Guest House at Seventh Street in Lae when the incident occurred.
It was alleged that on that date, Yamson communicated with Philip in Engan language to arrange for him to have sex with Bob while they were at Ramu Bus stop in Lae’s Top Town.
Police reports indicated that after communicating and making the arrangements, Yamson invited the women to City Guest House for some beer.
Yamson bought beer and they all drank until Bob was drunk.
Yamson then gave K20 to Philip and told her to go outside and have some beer while he took Bob to a room he had booked.
While in the room, Yamson removed Bob’s clothes, used his mobile phone to take photographs of Bob as she laid naked on the bed.
Police later confiscated the phone and arrested the two. Pornographic images and a video including images of Bob with some romantic messages was discovered.
The police found that even though Philip was not involved, she participated in arranging the meeting.
Police reported that the two did intentionally and without lawful excuse, used a mobile phone connected to internet with naked images of Bob to encourage obscenity which grossly offends public decency.
Thereby, contravening Section 23 (6) (c) of Cybercrime Act 2016.