Magistrate raises concern over incorrect charges

By MICHELLE AUAMOROMORO
A MAGISTRATE is concerned that a lot of defendants who appear before court are incorrectly charged.
Magistrate Rosie Johnson mentioned this while striking out two cases at the Boroko District Court yesterday.
Johnson struck out a case against Peter Esink, 36, from Sabunar village in Enga, who was charged with obstruction of police.
Reports provided by Sr Sgt Elias Yohang indicated that on Dec 30 police of zone two support unit who were conducting their usual patrol dispersed vendors and drunkards at Gerehu Stage 2 buai market in NCD.
Esink, who was among the group, was seen and heard saying in pidgin “upla ol polis man painim pekpek raun stap” to Const Reeves Yanari during his duty.
The police then apprehended Esink and charged him with verbally obstructing a member of the police force.
However, the case was struck out yesterday by Johnson, who said the charge was incorrect.
“They (police officers) cannot charge you with obstruction until they have a reason to come and arrest you after you commit a crime, and during your arrest, if you hesitate to get on the vehicle or swear at them or fight back then they can charge you with obstruction,” Johnson said.
Another case that was struck out yesterday because of incorrect charge was the case of Lea Mark, 27, from Wangil village of Ialibu in SHP.