The National, Monday June 24th, 2013
POLICE officers disobeyed court orders and released three men on bail when the Boroko District Court had ordered the accused be remanded in custody, a magistrate says.
The three accused – Raphael Kavo, 25; Nicholas Kavo, 20; and Tommy Aiso, 26 – are all from Aipeana village, Bereina, Central.
They had allegedly been caught growing marijuana in a police raid at Aipeana village early on April 24.
The three accused were charged with possession of dangerous drugs under the Criminal Code Act.
The accused were allegedly planning on selling the drugs to youths in the village and in the capital city.
On April 29, they appeared together before magistrate Gary Unjo, who ordered them to be remanded in custody.
The three accused were due to appear for mention on May 29 but only Aiso appeared in court, saying he had been released on K300 bail.
But Aiso did not have a bail receipt for the K300 paid.
Unjo ordered that Aiso be remanded in custody again because the court had never approved a bail application for the three men.
The lawyer representing the three accused appeared in the Boroko District Court on Friday and moved a bail application for Aiso.
But Unjo ordered that Aiso be remanded and deferred Aiso’s bail application until Raphael and Nicholas Kavo were in court with Aiso.
“The court never allowed bail. Who granted bail to the three accused is a mystery to this court,” Unjo said.
The lawyer said he did not know how the men had been released on bail as he had a bail application on foot before the court.
“I do not accept what may have occurred between the police and the cell guard in releasing the three men on bail,” the lawyer said.
The matter was adjourned to a later date until Raphael and Nicholas Kavo were brought to court.