Magistrate disqualifies himself from case

 By JUNIOR UKAHA

A MAGISTRATE has disqualified himself from hearing a case because he personally knows the accused police officer.

Magistrate Posain Poloh told the Lae District Court he knew Sgt James Luan who was facing a charge of touching a woman’s breast without her consent.

Poloh adjourned the case to Aug 28 because the file was not ready and said another magistrate would hear the case.

“I was a police lawyer before and I know most of you policemen,” he said.

Sgt Luan, the acting director of the Morobe provincial police training centre, appeared in court for mention yesterday.

The court heard that on March 8 around 9am, Luan allegedly touched the woman’s breast in his office. The woman had gone to the office at Bumbu police barracks to lodge an application for one of her relatives who was trying to join the constabulary.

Police prosecutor Snr Const Mala Navus told him in court: “Despite the woman saying no, you proceeded and touched her breast in your office during conversation.”

In another case, Poloh dismissed a charge against Benson  Kaisa of stealing 18,000 litres of fuel belonging to Lae Biscuit Company.

“I have read the court file and found that there is insufficient evidence to refer you,” he said.

“Your case is dismissed.”

He ordered that Kaisa’s K1,000 bail money be refunded.

Kaisa was accused of stealing fuel worth about K47,000 between October  and January 2013 while being employed as a production controller with the company.