Unsigned statement rejected

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THE Waigani Committal Court on Thursday ruled an alleged rape victim’s police statement as inadmissible.
“The Aug 16, 2020, police statement lodged by the alleged rape victim is inadmissible,” Magistrate Paul Nii said.
“I refuse to accept the statement because it conflicts with the requirements of collecting and arranging statements under the law.
“I will now take submissions on insufficiency of evidence on the other statements which are not affected by the victim’s statement.”
Nii adjourned to Thursday and extended Adam Chin Cheah’s bail.
Chin is charged with allegedly raping a 15-year-old girl in a hotel room in Port Moresby in 2019.
Nii said any witness statement must be read, understood and signed by the witness or victim who gave the statement.
“When the court perused the file served on Sept 9, 2020, it noted that the victim’s statement was not signed but the arresting officer typed the girl’s initials,” he said.
“On July 6, the arresting officer was tasked by the court to testify his motive for doing this.
“On July 15, detective Const Roman Anton admitted that the girl was unable to come to Papua New Guinea due to the Covid-19 pandemic. He communicated with the girl through WhatsApp messages as her statements and he signed it off with her initials.
“That is unlawful because the person giving a statement must read and understand the statement,” Nii said. “I am satisfied that the girl was not present where the statement was taken. Therefore, she did not understand the correctness and content of the statement.”
“This contravenes the requirements under section 94 (1) (a) of the District Court Act (DCA) in admitting statements,”Nii said.
“The police informants action in taking the statement and having it signed by putting the victim’s initials contradicts the requirement under section 94 ( c) (ii) of the DCA where the law says before declaring a written statement, the court shall be satisfied that the person who made the statement had read and understood it.”
“The girl was then 15 years old. At that age, unless not educated, she can read and write English. There is no time limitation to arrest alleged offender. Why the rush then?
“The girl should have been given some time to come and see through what was written and in the end be satisfied that she had read and understood her own statement by signing it off,”Nii added.

2 comments

  • This case is one of several apparent other linked cases. There was/is a possibility of the statement being electronically sent to the victim. She could read it and if agreed sign it. She could have a qualified attorney, lawyer etc attach an affidavit validating her signature.
    If the Judge like most PNG people is concerned about the safety of underage females in PNG then he should not negatively reject the statement but in a positive way order for the statement to be signed.
    I remember how the two arresting officers were reprimanded by National Capital District Met Supt Perou N’Dranou despite their pursuing a breach of the law over a cyber crime by Cheah. Later thrown out on technical grounds.
    Now this one going same way.
    I have been noting this 2019 case and it appeared from the start that it and the apparent connected cases would be thrown out eventually.
    Just wonder who his lawyers are

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