Police told to return beer

By CLIFFORD FAIPARIK
A BOUGAINVILLE district court has ordered police to return K10,800 worth of beer confiscated from two defendants charged with breaching Covid-19 state of emergency (SOE) regulations.
Senior Bougainville Magistrate Bruce Tasikul yesterday told The National: “The district court in Buka ordered the police to safe-keep their 50 cartons of beer (K216 per carton) in the Buka Police Station and return them to the suspects next month after the SOE ends.
“The court also ordered for the refund of their K400 bail money and acquitted the suspects after finding that the SOE powers are not strong to successfully convict them for breaching SOE.”
Tasikul said the police should have arrested and charged the beer seller and not the buyers.
“The court had found Alex Kungka and Nelson Kauri guilty and would have sentenced both to serve one year each in jail in default of K1,000 fine each for breaching the SOE.
“However, the court can’t understand as to why police only charged both of you for transporting liquor and not the person(s) or seller for selling liquor to both of you.
“Yes, it is police constitutional duty to lay charges on any person(s) they think has committed an offence, but in this case the law is crystal clear, that there is a total ban on alcohol.
“The court is also very concerned on this SOE order 15, as to why it is only consumption, transporting and production of beer restricted and not include the sale of liquor.
“Technically, a person may escape prosecution under this order because it only states ban on consumption, transportation and production of beer.
“The court thinks this order must be re-visited.
“The court noted that a copy of the new supplementary order dated May 7 was provided before the court with an amended of order 15 which now include total ban on consumption, sale, transportation and production.
“Despite this supplementary order, the court will still go by the judgment and that is to acquit both of the defendants.
The court was told that on May 5 the defendants went to Pemana Ltd and bought 50 cartons of SP green can beer.
They wrapped the cartons of beer with a black wrapper and transported them to Motomoto at Ieta village to catch a boat to take them across to Kokopau.
However, police were informed and caught up with them at Motomoto beach where they were detained and brought to the police station and charge.
They were out on K200 bail each.