Judge cautions Yama

NATIONAL Court judge Joseph Yagi says it is an abuse of process if available avenues are not utilised.
He made this remarks regarding Madang governor Peter Yama’s matter seeking to define the role of police during general election which was mentioned at the Waigani National Court yesterday.
Yama’s lawyer told the court that police officers involved in election process in Madang had allegedly threatened Yama’s polling officials and scrutineers.
He said this may affect the outcome of election as counting was currently ongoing.
Judge Yagi said this was criminal conduct and a formal complaint needed to be laid and have the police officers arrested and charged.
“What they are doing is an offence under the law. Why can’t your client lay a complaint and have those police officers arrested?
“Why should the court be involved?
“If there is an available process and you are not utilising that process, it is an abuse,” Judge Yagi said.
Judge Yagi said if there was evidence of criminal misconduct, those should be put into writing and be reported as police officers were not above the law.
“If they interfere, there are available remedies
The matter came to court on Tuesday by way of an urgent application.
Yama’s lawyer advised the court on Tuesday that he needed to amend information on the originating summons to name the State as a party as well as to include Yama’s primary rights that were affected.
Yama’s lawyer said yesterday that they had amended the originating summons but had not served relevant documents on the State yet.
Russel Uware from the Office of Solicitor General representing the defendants asked if relevant documents could be served on the Solicitor General’s office.