Ten cases struck out

By BEVERLY PETER
ABOUT 10 criminal cases, including armed robbery and murder cases, have been struck out for want of police evidence at the Committal Court in Waigani.
Among the 10 suspects who were discharged yesterday as police failed to provide their hand-up brief files in time, were the suspect of a robbery at Fone Haus inside the Tango store in Tokorara, and a suspect of a shooting at Gerehu in Port Moresby late last year when a man was killed.
Magistrate Albert Daniels said it was a serious breach of law for the police arresting officer not to bring the suspects to court and not having their files prepared in time.
“The arresting process does not stop after police lay the charges and incarcerate the suspects.
“The process is connecting to the court, and completed when it ends in the National Court,” Daniels said.
He said police arresting the suspects and not bringing them to court and detaining them in custody or hiding them was also breaching the suspect’s rights to freedom.
“It’s unlawful detention, they must be brought before that court as we are independent country and have laws and processes to deal with,” he added.
The suspects in two of these cases, a false pretence case and escaping from lawful custody, did not appear in court.
The court learnt that the two have not be brought to court since they were arrested last year.
Daniels said he did not strike out the cases because the suspects had not been attending court.
“The matters are struck out because of the police file not being ready,” he said.
He said he had noted that the police prosecutor had informed the court that he had sent memos to follow up with the police arresting officer but there was no response from them.
Daniels noted that in all of the cases that had been in custody for more than six months and no police file.
The suspects in custody who were discharged yesterday were Daniella Yakipa, 23, and from Enga for alleged stealing, Koren Habta and Petrus Abel for alleged break and enter, Alek Aisi for alleged armed robbery at Tokorara, Simon Bushnab Ororo for armed robbery, Soniya Linkson for false pretence, Moses Kensy for allegedly shooting a man at Gerehu, Peter Ruma for alleged rape, Jeremy Loo for alleged killing and Pele Ron Tanda for allegedly escaping custody.
Upon presenting the warrant for release at Bomana, these people would be released from custody.
Daniel then told the suspects that if the police happened to find the evidence and prepare the file, they might arrest them again.