Magistrate raises concern about outdated District Court Act

A MAGISTRATE has raised concern about outdated laws under the District Court Act regarding costs after a proceeding.
Waigani Grade Five Court Magistrate Daro Kevau Frank raised the issue when responding to a request by National Fisheries Prosecutor Bill Mohe, who submitted to have 12 illegal fishermen from Indonesia bear the cost incurred by the State in the proceeding.
Magistrate Frank said: “The only problem is our hands are bound to our laws and that is the District Court Act and I’m sure you’re a former police prosecutor and when it comes to costs and the Act that binds us is the district court regulations.
“There is a schedule at the back of the district court regulations which regards costs,” she said.
“Unfortunately, it’s so outdated. This is a problem we’ve been having with the lawyers as well.
“The problem is we’re tied to the district court regulations and until when they change that with regard to the schedule regarding costs.
“Sometimes we get frustrated, we magistrates sitting on such cases, that many people go and make laws, they completely forget to refer to the District Court Act.
“They’ve got to refer to our Act before they start making laws.
“We’re tied to the District Court Act and we get our powers from the Act.”