Judge rejects expat’s motion

THE Waigani National Court yesterday refused a motion filed by an expatriate against the police and State, seeking specific orders for the police to return some items confiscated during a search at the expatriate’s residence at Tokarara few months ago.
The court found that there was no foundation of the claims in the original pleadings and refused to issue the orders.
Handun Desilva, 44, of Colombo, Sri Lanka, was arrested and charged with possession of pornographic materials last year and the matter was pending before the court.
However, he was re-arrested by police following a bench warrant middle of this year for failure to attend his court proceedings at the Boroko Committal Court.
He was remanded in Bomana prison after bail was refused by the Boroko Committal Court.
His counsel, Michael Wilson of Warner Shand Lawyers, applied for bail at the National Court and bail was granted.
Desilva went to court again after his release to seek orders for police to return his properties, which he claimed were worth thousands of kina.
He claimed that the properties included a video camera, digital camera, a laptop computer, a desktop computer and several other items.
The matter was heard in court and on Sep 30, the court ordered the police to return the properties
to the plaintiff.
Desilva returned to court again yesterday with his lawyers, claiming that most of the properties were not returned and wanted the court to issue further orders for the return of the properties.
However, presiding judge Justice Ambeng Kandakasi found that there were no foundations of pleadings in the originating summons.
Despite Mr Wilson’s argument that earlier orders were made for the return of the properties, Justice Kandakasi replied that as far as the court was concerned, the matter was already resolved and there were no outstanding proceedings relating to the matter.
He therefore refused to grant the orders.