Judge raises concern over delay

A JUDGE has questioned the state prosecution why a woman took more than two years to lay a cyber harassment complaint against her ex-partner.
Waigani National Court acting Judge Laura Wavun-Kuvi raised the concern in the case of a policeman, Patrick Wanariu, 26, from Lemieng village, Aitape in West Sepik.
Wanariu was charged with two counts of cyber harassment for allegedly using a mobile phone to call his ex-girlfriend a “pamuk meri” (prostitute).
However, Justice Wavun-Kuvi during submissions on verdict on Thursday said there should be an explanation in the delay of reporting the matter, with circumstances stated.
“If the complainant was traumatised or distressed from the cyber harassment by her former husband then she should have reported the matter back in 2019,” she said.
“Why the delay?”
The State lawyer said she was unable to respond on the issue of the delay as it was not mentioned in her statement.
Justice Wavun-Kuvi questioned the State why it did not bring in an information technology expert to determine whether the evidence of the messages was from a Facebook messenger or from a messenger application.
The State lawyer said the Facebook messenger and the messenger application were the same that online users used when accessing Facebook and there was no need to consult an IT expert.
Defence lawyer Jeffery Kolowe in his submission said the indictment was totally different from the evidence presented by the state.
Kolowe said that this indicated that there were motives of tarnishing Wanariu’s reputation.
Wanariu is alleged to have on Oct 13, 2019, at 3.39pm, posted a comment using the pidgin language on Facebook against his ex-partner Melissa Saya.
It was alleged that Wanariu used the words to the effect that Melissa was a prostitute and a promiscuous disposition that had a voluptuous errand of an animal.
The National Court is expected to make a ruling tomorrow.