Magistrate queries arrest
A MAGISTRATE has raised some questions over the arrest of a Filipino woman accused of acting illegally to get her son released from custody and why she was refused bail.
Magistrate Tracy Ganaii told Assistant Commissioner (ACP) of Crimes Hodges Ette and Det Roman Anton of the Gerehu Police Station that the alleged offence could be allowed bail.
She reminded them that when bail was refused, a refusal certificate should have been provided.
“Why is (sic) police not attaching reasons for bail refusal?” Magistrate Ganaii said at the Waigani Committal Court yesterday.
“The court requires that you have to state your reasons for refusal.
“The court needs to be properly guided on the law.”
On Sunday, Magistrate Ganaii had granted an application for bail to Marilyn Espolong who was arrested a day earlier and detained at the Boroko Police Station.
Espolong was arrested by Det Anton, charged at the Gerehu Police Station and later taken to Boroko.
Attempts to bail her were rejected.
She is alleged to have conspired with Anna Wills, officer-in-charge of Juvenile, to get her son released from police custody.
After releasing Espolong on Sunday, Magistrate Ganaii fixed a hearing for yesterday for Anton to explain why the accused was denied bail, why was the arrest made on a weekend and who was the complainant.
She noted that the warrant of arrest was issued four days earlier.
However, Det Anton failed to turn up yesterday morning.
Magistrate Ganaii adjourned the matter to 1.30pm for police prosecutor to seek instructions and to ensure Det Anton’s presence.
When hearing resumed, Det Anton was still not present.
ACP Ette then told the court that Det Anton, being the investigator, would be in a better position to explain why police preferred to carry out arrests on weekends.
Magistrate Ganaii issued a summons for Det Anton to appear in court and adjourned hearing to today.
Espolong’s son, Adam, is alleged to have committed sexual penetration of a friend a few months ago and not rape as incorrectly reported.
Both were under 18 years of age at the time.
Both mother and son will appear for second mention on July 6.
12 comments
Sexual Penetration vs Rape??
Since the sexual penetration complaint is before the courts; then, that penetration certainly has to be without consent therefore and definitely “Rape”by definition.
If it is not a rape, why take the matter to the court?
Exactly, sexual penetration with out consent is rape..
Whats the big deal, just say rape..
People please stop getting your selves confused…
Good on you Magistrate, there are proper processes and procedures to follow, should not be following our own personal bias and prejudices regardless of crime or not. Now he can’t face the court.
It is not rape. It is a case of being under the legal age, of having intercourse. Both have consented. It must be being third party complaint being pursued. makes sense.
Sexual penetration with consent but under the age of 18 is an offence. Sexual penetration without the consent of the victim is termed as rape.
Under the bail act it guides which of the offence should police give bail to and which the court gives.
It doesn’t necessarily mean all offender should be given bail by police or should you affix reasons why you as police you denied bail.
It is her job as a magistrate to decide either to give bail or not.
Every man and his dog seem to be released on bail.
Except innocent people held, based on trumped up charges and hearsay aligations.
When both parties consent or agreed for the action, whose interest is the court serving, Police should not consider third party complaints.
Rape or consented sex of a PERSON under 18 is wrong (by law) and we all know that. Since underage teenage children are seen or believed to be involved in such activities does not necessarily mean it is right. If a parent makes this complaint, why are we all jumping to conclusion that he/she is doing it for money? We all should be discouraging this sort of behaviors. We (PNG) are starting to accept this as a norm and allowing such actions to go unpunished hence creating a type of culture that corrodes the respect and protection of OUR young AND UNDERAGE children.
Also the mother of the accused ‘who is a foreigner’, decided that she could get past this by trying to get her son released illicitly. Note also that the other police personnel had already accepted bribe (per this news) and together they approached the other officer who denied the bail and even locked the mother for trying to bribe him also. He then denied her bail, and this is wrong according to some of us, right? If this lady is released, what made you ALL think she won’t be bribing other policemen and women to release her son? This may have been the reason WHY she was denied bail. So only through a competent court of law proceeding will we all be able to know the truth. Please, have some sense of respect for that police officer and the girl’s parent(s).
SAME MEDIA PERSONAL SHOULD FOLLOW THIS CASE THROUGH TO THE END!
in this case, it`s not a rape, but it against the law of having sex underage, on the other hand like wise if both opposite sex agree to have intercourse what is the point to bring this matter to court?.. ino jealous pasin..
em pasin love yah,, ba umi tok wanem?
Why the Filipino woman was not allowed bail by Police. Something suspicious there!!
Why the Filipino woman was not allowed bail by Police. Something suspicious there!!
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