Magistrate Nii grants application for dismissal

By GEORGINA KOREI

A DISTRICT Court has dismissed a case against a 19-year-old man charged with being in possession of methamphetamine (meth) after police failed to provide evidence five times for trial.
District Court Magistrate Paul Puri Nii granted an application by lawyer Brendon Lai, representing Junior Michael Wu, and dismissed the drug case as police failed to provide evidence for trial.
“The application by defence to dismiss the case is granted as it is a grade five/summary matter and cannot be struck out after police failed to provide evidence for trial.
“The accused is discharged from the charges and is released from custody,” he said.
“For the sake of justice and fairness, when a date is fixed for trial, police should be ready with their witnesses and not to seek adjournment.”
Lai in his submissions on the application to dismiss the case said his client had been in court since Dec 9, 2022 and police had been delaying the trial.
“Police were given ample time but they did not call in their
witnesses but nothing transpired during the trial dates so with the lack of the police preparedness, I would submit that the case be dismissed rather than struck out,” he submitted.
Police Prosecutor Constable Azariah Tau asked the court to consider an adjournment so he could consult the arresting officer before a trial.However, Magistrate Nii said: “I will not vacate trial for the fourth time because prosecution is not ready.
“I will entertain defense counsel and his application to dismiss the case.”
Police alleged Wu was caught on Dec 9 2022 at Vadavada in Port Moresby with controlled substance in his possession.