Lawyer wants ‘burning of plane’ case thrown out

By JAMES GUMUNO
A lawyer representing 13 people charged with burning a Dash 8 Air Niugini aircraft and other charges in Mendi, Southern Highlands, applied to the Hagen District Court to strike out the case.
Counsel Mathew Tamutai, the principal of Tamutai Lawyers, argued in court on Friday regarding his application, which he filed last Monday, on behalf of the 13.
Tamutai filed his application on two grounds, first, he said that Hagen District Court had no powers to hear the case because the alleged offences were committed in Mendi and should be heard in Mendi.
He argued that there was no information given to the court to hear the case in Mt Hagen.
He told magistrate Lydia Karre that the district court was a territorial jurisdiction and not to go beyond the powers of its Act.
Tamutai told the court that there was no legislation passed in parliament where a court house was burnt in another province an the cases be transferred to another province to be heard.
He said that there was no Supreme Court decision on such matter.
Tamutai said the alleged offences wre committed in Mendi and it would be proper to find a council chamber or community hall in Mendi to hear the case.
In his second ground, Tamutai said the arson and other charges laid on all the defendants by police were too general.
He said police failed to specify the exact location in Mendi where the defendants committed the offence.