Policemen to face trial over alleged extortion

By CLARISSA MOI
MONEY given to the police outside the police station is not bail but bribery, Committal Court Magistrate Paul Puri Nii says.
He said this at Waigani yesterday when ruling on police evidence against Elias Nason, 49, from Tarabo village in Okapa, Eastern Highlands and Jimmy Pepena, 49, from Urip in Wewak, East Sepik, accused of receiving K350 from a man to release him from custody.
“I am satisfied that the payment of K350 to Nason and Pepena outside of the police station is not bail but bribery,” Nii said.
On Oct 3, Scotty Kandelyo was allegedly arrested by Nason and Pepena for a traffic offence but instead of charging him, Nason and Pepena allegedly asked Kandelyo to give them money before he could be released.
It was alleged that Kandelyo insisted that he would not give any money to Nason and Pepena, thus the matter ended up at Boroko police station.
However, since the Boroko police cell was full, Kandelyo could not be detained and thus allegedly paid some money to Nason and Pepena and he was released.
Kandelyo then went and lodged a complaint against Nason and Pepena for extortion and bribery.
“In a nutshell, bribery means the giving or offering of goods or other possessions including money to another person to make the giver a favour,” Nii said.
He said evidence showed that bribery was not paid to the police at Port Moresby police station, however Kandelyo was arrested and charged, and was transferred to Boroko for the bail to be processed.
Nii said that at Boroko, Kandelyo was transferred back to Port Moresby police station.
Before Kandelyo was transferred, he paid K350 to Nason and Pepena.
“Although Nason and Pepena are arguing that K350 was bail, it is my assessment that any deals relating to bails and receiving of cash outside the police station is not bail but something else,” he said.
“Bail should be processed in the police station where records and receipts are kept, not outside the police station where receipts and records are not kept.
“Therefore, evidence shows that receiving of money outside the police station is not bail but bribery.
“Moreover, the offence of abuse of office under Section 92(1) of the Criminal Code Act is not only restricted to someone occupying high office but someone who is employed in the public service and that person abuses his authority to do something illegal.
“And in this case, Nason and Pepena were police officers and the evidence shows that they had abused their powers of being a police officer by asking for money,” Nii said.
The court had found enough evidence against Nason and Pepena and committed them to stand trial in the National Court.
The court then extended their bails and adjourned the matter to listings in the National Court on June 13.