Kaiwi withdraws application

A HUMAN rights application filed by Bhosip Kaiwi asking the court to order the Correctional Service (CS) to take him to the hospital for treatment was withdrawn in the National Court yesterday.
Kaiwi filed the application in person last month when CS had refused his request to grant him leave of absence so he could be taken to the clinic for dental treatment.
He also asked to be taken to the bank to sort his accounts out so he could pay some bills.
Kaiwi claimed in his application that his rights to freedom, protection from inhumane treatment and protection of the law under the Constitution had been breached.
His lawyer Emmanuel Ellison appeared before Deputy Chief Justice Ambeng Kandakasi at Waigani yesterday and applied to have the matter withdrawn following Kandakasi’s directions.
When the matter last came to court, Justice Kandakasi directed Ellison to get further instructions from Kaiwi and consider some case laws and see whether Kaiwi still wanted to continue this case or not.
After reviewing the case and obtaining further instructions from Kaiwi, Ellison made the application to have the matter withdrawn and Kandakasi granted the application.
Kandakasi had stated that CS was mandated to afford prisoners’ rights according to the CS Act.
Consequently, Kaiwi was able to talk to the jail commander Superintendent Yeli Oiufa and came to an agreement that the CS would take him to the hospital and the bank.
Kaiwi, from Kuraip village in South Waghi, Jiwaka is alleged to have tortured his wife Jenelyn Kennedy for five days, from June 18, 2020, to June 23, 2020, in their home at Korobosea, Port Moresby.
He is charged with murder.
His case is in the trial stage but Kaiwi is waiting for the court to hand down its ruling on admissibility of evidence.