Magistrate summons officer

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Tracy Ganaii

By ZEDAIAH KANAU
A POLICEWOMAN was summoned to appear before the Waigani Committal Court to explain how she obtained a statement from a child who was alleged to have been raped.
Magistrate Tracy Ganaii on Friday ordered that arresting officer Martha Maraga present herself in court after defence lawyer David Kayok, from the Office of the Public Solicitor, questioned how the child could give a statement in English.
Magistrate Ganaii said: “The court can refuse to admit into evidence statements from people who are illiterate, not able to write in English but their statements are in English, the court can refuse those statements.
“Through case laws, the court can enquire.
“The court can enquire to find out how a statement was obtained.
“On the elements, there’s no problem.
“The child witness is saying what she saw and provided identification but admissibility is the issue.
“And if that’s an issue then the court can enquire.
“So on that basis, I am going to direct that the arresting officer to appear in court (for testimony).
“She will appear and she will explain in the witness box how she did her investigations.
“The manner in which she went about obtaining a child’s statement.
“Those are requirements but many investigators overlook at requirements which are pronounced in judgments by the National Courts. So on that basis, the court will conduct that enquiry to find out if or how the statement of these witnesses were obtained and then make a final ruling. So she (Maraga) may be cross-examined by counsel Kayok and then by the police prosecutor and we will just record her evidence and I will hear short submissions on that aspect only on how the statement was obtained.” Hearing was adjourned to March 4.