Suspect held for 4yrs finally free

HUMAN rights judge David Cannings yesterday released a man on K2,000 bail after ruling that he had been unreasonably remanded for more than four years.
However, the Waigani National court judge imposed several conditions for the release of John Singi Kua who had been waiting for his case to be heard in the Mt Hagen National Court.
Justice Cannings’ bail decision followed lawyer Edward Sasingian, from the office of the Public Solicitor, submission on Wednesday asking for Kua to be freed on bail on grounds that the Mt Hagen National Court, since Aug 14, 2017, had made unnecessary delays to rule on Kua’s no case application.
Justice Cannings upheld Sasingians submissions that the detention was unreasonable because “Kua has been in remand for a continuous period of four years and one month since Sept 10, 2015”.
Sasingian had submitted that Kua travelled out of Mt Hagen without a bail variation on Sept 7, 2015, after he had waited more than two and a half years for his trial to commence in the Mt Hagen National Court.
“But there is evidence he (Kua) complied with his bail conditions since 2012,” Sasingian said.
However Kua was rearrested on Sept 10, 2015 and brought back to Mt Hagen to await his trial. The trial has never commenced since he was committed to stand trial in the Mt Hagen National Court.
Justice Cannings ordered the following bail conditions:

Kua’s guarantors, Peter Pena and Isaac Minabkal, raise K2,000 each that would be payable by order of the court in the event Kua breaches any bail conditions;
that Kua reports to the Mt Hagen National Court registry every Monday to sign at the bail registrar;
Kua resides at Avi Block, Anglim, South Waghi, in Jiwaka and nowhere else;
Kua does not leave Jiwaka or Western without approval of a judge;
Kua attends his local church once every weekend for church service and assists in any community work;
that Kua does not interfere with state witnesses; and
That he (Kua) does not consume alcohol or any intoxicated substances.