No time limit on cases

By AILEEN KWARAGU
MAGISTRATES now have the discretion to extend time to police to investigate a case beyond the accepted three months if the nature of the case warrants it.
Central Committal Court Magistrate Laura Kuvi said the practice of dismissing cases if police failed to complete investigations and submit their file to the court within three months had been stopped. “The previous practice by the district court is that there are three adjournments within the space of three months,” she said.
“The practice is not written in law but is a directive (in which) if the file is not ready, you are discharged.”
She said the practice was not written in law but was treated as a practice in the magisterial services.
She said it was changed three weeks ago, giving a magistrate the power to decide how many adjournments to allow depending on the circumstance of the case.
“Police (now) have to show that they are investigating by way of an affidavit or statement in court to show that investigations are being conducted,” she said.
Waigani Committal Court Magistrate Seth Tenei last week said the magisterial services had issued a notice on the change.
“The head of the District Court had issued this new practice which means even if it is past three months, the court can deal with the case based on the seriousness of the charge,” he said.
He told a man who was allegedly charged with persistent sexual abuse that his case was an example of where he would use his discretion to adjourn the case while awaiting the police to present their file in court.