Perverting course of justice charge applies if case withdrawn

A MAGISTRATE told a woman that trying to withdraw her case after having her husband charged with causing grievous bodily harm could see her charged with trying to pervert the course of justice.
Lae District Court magistrate Edward Kupo told Bevelyn Balio that her request was just a waste of time and money for the courts and the police in preparing the case.
Balio made the request after her husband Petrus Bopi, 24, of Kairepea village, Tambul/Nebilyer in Western Highlands, allegedly hit her with a stone causing damage to her teeth.
She told the court that she felt sorry for her husband and wanted to withdraw the case.
“My husband has learnt his lesson while in police custody and now I want to withdraw the case and let him go free,” Balio told the court.
Magistrate Kupo told Balio that she should have thought of that before taking the matter to court.
He said the law did not allow for such action to be taken when the case was already registered and pending in court. “If I allow that to happen, then it would pave the way for others to also do the same in the future and that is just wasting time and money.
“There are other cases that we could look at,” Kupo said.
He said while Bopi was yet to appear in court and still with the police, request should be made to have Bopi removed and not while court processes had been executed.
“This is perverting the course of justice and one can be charged with that.”
Kupo told Balio that he will not allow for that but requested her to write to the arresting officer and explain with genuine reasons why she wanted her husband to be released without going through the court processes with the charge.
He said the case would return on Friday and the letter from Balio should be produced to court by the police prosecutor.
The court heard that on Sept 15 at Bumayong in Lae, Bopi had an argument with Balio and hit her with a stone.