Police told to drop charges

By BEVERLY PETER
MADANG Governor Peter Yama and 11 others accused of misappropriating K6 million belonging to Manam Restoration Authority had their charges withdrawn on Friday.
Magistrate Alex Kalandi in the Madang District Court asked the police to withdraw their charges as his court did not have the jurisdiction to dismiss it.
Kalandi allowed the withdrawal and said the police had carried out the investigation on the case with a defective search warrant that was invalid.
“Charges laid from carrying out a defective search warrant must be withdrawn until a proper legal process is taken,” he said.
The court noted that a restraining order had been granted on Oct 30, 2021, restraining police from enforcing the search warrant.
The search warrant had been granted the previous day (Oct 29) however it was deemed invalid after the restraining order was granted.
The matter was taken to the National Court on Nov 11, 2021, and the Court reaffirmed that the search warrant used was defective and stopped further investigation.
Magistrate Kalandi ordered the charges withdrawn because the police had proceeded with the warrant without setting aside the restraining order.
Cleared together with Yama on the same offence were Yama’s wife Belda Yama, his son Manu Yama, Helen Kanimba, Loimeng Bande, Paul Amera, Joseph Aka, Anton Kaming, Richard Nagos, Reisino Peni, Henry Kambuka and Joseph Bonamane.
The decision was made after Yama’s lawyer moved a notice of motion on Wednesday to have the charge dismissed due to surrounding technical issues and a breach of the law process.