Magistrate throws out sexual penetration case

By BOURA GORUKILA
Central Committal Court Magistrate Laura Kuvi has yesterday dismissed a sexual penetration case against a 21-year-old man for want of prosecution.
Kuvi made the orders after counsel representing the accused, Cecilia Koek, from the Public Solicitor’s office, made an application for the matter to be struck out because the police failed to produce a hand-up brief within reasonable time.
The court ordered for the accused’s bail money of K500 and surety sum on K150 be refunded.
The accused was alleged to have sexually penetrated his five-year-old niece last Christmas at Porebada village, outside Port Moresby.
The alleged offence occurred in the early morning between 4am and 4.30am after he left a party following a fight and went to his sister’s house.
While at the house, he saw the victim crying to go to her parents so he attempted to take her away but was stopped by the babysitter.
He told the babysitter that he would take the girl to her parents and left with her.
He allegedly took the girl to the mangroves, sexually penetrated her and left her there.
She was found covered in mud by two women who later took her to her parents.
The accused and the girl’s parents were already at the house when she was brought there.
She told her father that she was taken away by the accused.
He was assaulted and he ran away.
The girl was taken to Porebada health centre and confirmed through medical check that she had been sexually penetrated.
Moses was later arrested and charged.