Magistrate checks for right court

A MAGISTRATE has asked a lawyer to explain if her client’s case concerning a cybercrime-related offence can be heard at the district court level.
Magistrate Rebecca Kalepo raised the issue at the Boroko District Court yesterday to lawyer Nerrie Eliakim from Young and Williams Lawyers who are representing Adam Chin Cheah.
Cheah, 19, of mixed Malaysia and Philippines parentage, is charged with unlawfully recording a private conversation using a listening device and divulging the recording to other persons under section three and four of the Protection of Private Communication Act 1973.
He was alleged to have between last Aug 5 and 21, used a listening device (mobile phone) to intercept a private communication between himself and Jeffery Kennedy (complainant) and allegedly divulged it to Marilyn Espolong (Adam’s mother) and Alexis Tam.
Magistrate Kalepo raised issues whether the complaint was filed out of time and was time barred and whether the court had the jurisdiction to convict Cheah summarily.
Eliakim asked for a short adjournment to next Monday to seek instructions from her client and file appropriate submissions.
Police prosecutor Snr Sgt Peter Asi had no objections to the application for an adjournment.
Cheah was charged by Det Snr Const Desmond Kami from the Waigani Police Station on July 13, but the prosecution had withdrawn the charges due to uncertainty of the provisions used.
He was re-arrested and charged on Sept 10, for the same alleged offence after prosecutions had reconfirmed the provisions.
His bail was extended.
This is the second time Cheah was charged with a cybercrime-related offence against Kennedy who is a businessman and former University of Papua New Guinea chancellor.
Kennedy is also the complainant in the sexual penetration case against Cheah which is currently before the Waigani Committal Court.
Cheah was charged with sexual penetration while his mother Espolong has been charged with acting illegally to remove him (Cheah) from custody.
Police alleged that Cheah sexually assaulted a girl in a hotel in Port Moresby last June 22.
Cheah and Espolong are expected to appear at the Waigani Committal Court next Thursday, in relation to the sexual penetration case.