By ZEDAIAH KANAU
TWO men facing murder charges after a night of drinking were discharged from custody after their case was struck out due to the arresting officer failing to provide a police file on time.
Magistrate Marcus Nandape yesterday, discharged Tauri Paul, 22, from Tapini village, Erume, Central, and Nandre Maima, 25, from Omicolai village, Gumine, Chimbu, at the Central Committal Court.
The pair’s lawyer Agnes Peter, from the Public Solicitors Office, made a verbal application for the matter to be struck out after police had failed to serve the two their hand-up brief on the alleged offence.
Nandape upheld Peter’s application and had the matter struck out, saying that the two had been in custody for far too long without the case progressing. The two were alleged to have been drinking with Moses Peter at 12-Mile on Aug 2.
On Aug 3, around 5am along 12-Mile Adventure Park, an argument broke out among the three. Peter was reportedly assaulted by the other two – Paul and Maima.
Peter was alleged to have sustained a broken neck and a severe head trauma resulting in his death.
The two were reported to have carried Peter’s lifeless body onto a road and thrown it onto an oncoming vehicle, giving the impression that it was a hit-and-run accident.
Meanwhile, Nandape also struck out the matter of Anna, 52, Natasha, 29, and Gaulas Hoi from Tubeserea village, Hiri, Central, who were alleged to have assaulted John Mosoro.
The three were alleged to have used on Mosoro, a chainsaw before stomping on him with their boots and punched him all over his body.
However, Nandape had the matter struck out after finding police evidence insufficient to warrant further trial.
Another case thrown out involved a 22-year-old man who allegedly raped his niece on three occasions after medical evidence was deemed inconsistent to link the girl to the alleged offence.
Nandape made the ruling to discharge Gata Gomara, of raping his 11-year-old-niece.
By ZEDAIAH KANAU