The National, Monday 21st November 2011
A MAGISTRATE at the Waigani District Court has criticised police prosecution officers for not complying with rules of evidence when filing submissions in court.
Magistrate Cosmas Bidar was referring to the lack of proper inclusion and attachment of evidence documents alongside other materials for argument.
Bidar made this known before handing a ruling relating to a charge on conspiracy to extort property laid against three senior officers of the Lands and Physical Planning Department.
“Evidence should be marked as annexe and set out clearly. Not mixed up with statements, opinions and other irrelevant material,” Bidar said.
He said the rule was to attach evidence to the affidavits.
Bidar handed down his decision to dismiss the case because of a lack of evidence.
Bidar said the committal court was a screening process to see if a matter carried enough evidence to go before a higher court and was not the forum to find someone guilty. Bidar said there was insufficient evidence to prove if there had been a conspiracy, and if the conspiracy was to extort the property in question.