Magistrate strikes out case over arrest

National
Source:
The National, Wednesday July 6th, 2016

 By DAPHNE WANI
Boroko District Court Magistrate Alex Kalandi struck out the case of a  man charged with unlawfully entering a premises and assaulting because he was not given his rights during his arrest.
Kalandi, when discharging Adi Nathan yesterday, said there was no indication in the police statement whether the defendant was provided his rights to a lawyer.
Police prosecutor Felix Singo sought an adjournment to verify the statement.
However, Kalandi refused the adjournment, saying there were many similar cases coming into the courts every day before being struck out because there was no proper documentation by police
Kalandi said by law it was okay for an adjournment, but that would only waste the court’s time because there were loads of cases to be dealt with.
He said it was better to have the case struck out so police officers could do their jobs properly.
Nathan, 25, from Akuange village in Menyamya, Morobe, was charged with unlawfully entering a premises and assaulting Kendigas Ferdinand at Buswara settlement in Port Moresby on June 9.
He was allegedly armed with a bush knife and wore a mask before going to Ferdinand’s house to demand for money.
Kalandi withdrew the assault charge because there was no indication in the police report to direct the court about the nature of the assault.
Kalandi said Nathan should have been charged with armed robbery.
Kalandi said arresting officer John Max should have filed the charges without any difficulty.