Magistrate withdraws from case

National

A RULING on a case involving a police officer allegedly aiding a prisoner’s escape was adjourned yesterday after the magistrate withdraw from the case.
Magistrate Tracy Ganaii at Waigani Committal Court informed the defendant, Const Komeng Gubag, attached to the Dog Unit Bomana, that she could not deal with the case because she had been one of the complainants in the matter and also a witness in another case involving the same prisoner.
Const Gubag, 34, from Wakon village in Sumkar, Madang, was charged with one count of aiding prisoner Desmond Dusava to escape from custody on June 5, 2019.
Dusava earlier that day was arrested and charged by Det Const Turi Kuruwa with seven counts of armed robbery, causing grievous bodily harm and deprivation of human rights.
“This case returns for ruling, I cannot make a ruling particularly because it involves a person I have laid a complaint against,” Magistrate Ganaii said.
“There is another case which is on foot in the committal court in which I am a witness against Dusava.
“On that case I disqualify myself and interest from the court.
“I will transfer the case to another court for another magistrate who should look into the matter and form his or her basis of ruling from the evidence and make a ruling.”