Police chief clears bail puzzle

By JACKLYN SIRIAS
ANY person arrested by police is allowed bail unless he or she is likely to interfere with witnesses or become a threat to another person, police say.
National Capital District and Central divisional commander Donald Yamasombi made the comment after police had a row with politicians over an article in The National on Monday about former Port Moresby North-East MP Labi Amaiu being charged with fraud. NCD Superintendent Operations Michael Tilae told The National that the arrest of Amaiu was politically motivated.
“The report alleges that the arrest on Labi Amaiu is politically motivated which is incorrect because firstly the superintendent operations should not make media releases, and secondly there is no such term if he is to do a media release saying that it is politically motivated because the matter goes to court and it is for court to decide that,” Yamasombi said.
He said when an arrest was made police officers should not decide on the nature of the offence because that was a court matter.
“He is allowed bail because everyone is entitled to bail unless there is something wrong or they interfere with state witnesses or if they go out on bail they might harm or threaten other persons. Then we may restrict bail on those grounds. But otherwise, as per the bail Act and the Constitution, everyone has that freedom and they are entitled to bail.”
According to the PNG online Magistrates’ Manual, chapter 10 outlines the presumption of the right to bail under section 42 of the Constitution.
The section says: “A person arrested or detained for an offence (other than treason or murder as defined by an Act of Parliament) is entitled to bail at all times from arrest or detention to acquittal or conviction unless the interests of justice otherwise require.” Yamasombi said it was wrong for police to give political comments on arrests when the case was yet to be heard in court as the comments could influence investigations and evidence gathering.
“Also understand that when police effect an arrest, it now begins the whole criminal justice process. We cannot speculate or pre-empt a case after we have initiated the criminal process,” he said.