Magistrate charged by police

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THE legal fraternity in Madang has stressed the need for judicial independence as a cornerstone of democracy in Papua New Guinea.
Lawyer Thomas Ilaisa said it would be a sad day when magistrates and judges had to think twice when making decisions against the police force.
He raised the concern following the arrest of a Madang-based senior magistrate last month.
The magistrate had made a ruling to set aside the court ex-parte order obtained by police at the Madang District Court on July 30.
According to the police charge sheet, the magistrate was charged with perverting the course of justice.
Ilaisa, who represented the senior magistrate, said his client was charged with obstructing the course of justice and making a biased decision. He added that his client had told police during an interview to appeal in court if they were not satisfied with the decision.
Ilaisa added that his client was out on K2,000 police bail and they would challenge the matter in court this week.
Madang Governor Peter Yama described the arrest of the senior magistrate as “a threat to independence of judiciary in Papua New Guinea”. “It is totally unprecedented for the police to arrest a judicial officer of the court, such as a magistrate,” he said.
“Judicial officers must not be threatened or intimidated or arrested by police for doing their judicial duties.”
Yama said the proper procedure for the police to follow would have been to appeal the decision of the magistrate in the National Court or to file an application at the district court to set aside the magistrate’s decision.
“The rule of law must always be maintained in Papua New Guinea at all costs,” he said.
Yama added that he had reasons to believe that the arrest on public servants including that of the senior magistrate were politically motivated.