Lawyer seeks dismissal on police failure

National, Normal

The National, Friday 24th August 2012

A LAWYER representing two men accused of armed robbery, yesterday asked the Central Committal Court in Waigani, National Capital District, to dismiss the case and discharge them from Bomana prison.
The lawyer, who did not want to be named, said this was because Central police had failed to complete and serve the investigation report.
He argued before magistrate Jerry Tapat that his clients had been waiting for almost six months in Bomana prison for police to complete their report.
He argued that for his clients, or any other accused persons, to wait that long on remand for the police brief or investigation report, exceeding a term of three-month period, was unreasonable.
The two accused are Nitoma Gogune, two, of Maroromu village  and Ukaia Enima, 21, of Salum village. They are from Rigo, Central.
Gogune and Enima were charged under section 386 (1) and (2) of the PNG Criminal Code Act.
“My clients have been detained since their arrests on April 9 because of the police’s failure to meet the mandatory requirements of completing investigation within required time frame,” their lawyer told the Central Committal Court.
He said in the absence of the police hand-up brief, the court had been adjourning the case.
He said police in Central were given six months on the grounds of logistics to investigate and complete their investigation reports, while their counterparts in the National Capital District were given three months.
“If police fail again on Sept 11 to serve us the brief, I will make the same submission (file and served today) to
dismiss the case,” he said.
In response, the police prosecutor said problems such as vehicles and computers were the contributing factors for not completing the investigation and filing reports within required time.
But the defence lawyer said it was a police administrative matter and had nothing to do with the case.
Tapat told prosecution yesterday the police brief was a very important document and asked the Central Criminal Investigation Division to speed up the process.
He told the prosecutions he would not
allow further adjournments and asked the prosecutions to relay the information to the arresting officer.
Tapat said six months was sufficient to complete and submit investigations report.
The case has been adjourned to Sept 11.