Rights of suspects denied, Madang court heard

National, Normal
Source:

By JAYNE SAFIHAO

ANOTHER voir dire application by the defence team in the Madang Bank South Pacific (BSP) robbery trial for one of the co-accused, Colin Masilo, has been successful.
Justice David Cannings last Friday described the application as one which primarily hinged on section 37 of the constitution – citizens’ full protection of the law.
It was revealed during the trial that Masilo, who had been in hiding for about two months, had intended to surrender himself to police and had contacted another co-accused Bobby Selan to broker a deal for his protection in exchange for information.
The court heard that having done this, Selan had organised for police to pick up Masilo.
However, it was told that during the arrest and detention Masilo had not been accorded his rights under the constitution to see a lawyer, family or friends.
His rights under section 42(3) were also breached in that immediately after his arrest he did not appear before a court of law.
Cannings noted that Masilo was arrested on Sept 14, 2008, and was not taken to court five days later.
He said police had acted improperly in according Masilo his constitutional rights thus refusing to admit confessional statement and record of interview by the police.
Senior state prosecutor Pondros Kaluwin said: “Whatever decision the judge makes was understandable because he was a human rights lawyer after all.”
Both counsel for the defence team  Anne Raymond and Mwagawa Mwawesi represented Masilo, Bonny Solomon, Johnny Gumaira, Peter Alan Popo, Kia Warren, Damien Inanei, Jacob Okimbari, Isabella Kiware, Kito Aso and Elvis Bala Aka.
Seth Daniels of Daniels Lawyers is representing Selan, Reuben Micah and Joyce Maima while David Dotaona of Dotaona Lawyers is representing William Nanua Kapris.
The trial continues this morning with the calling of more witness.