Wartoto to stand trial

 MANGI Lo Ples airline owner Eremas Wartoto has been committed to stand trial in the National Court on various criminal charges.

Deputy Chief Justice Gibbs Salika yesterday dismissed Wartoto’s application for a permanent stay to be placed on the criminal proceedings against him. 

Salika said it would require a very strong or exceptional case for the court to interfere with the discretion to prosecute.

“I am of the view that this is not a very strong or exceptional case that this court should exercise its discretion to stay these proceedings,” Salika said. 

Wartoto’s affidavit stated that he was arrested and charged with two counts of misappropriation and was committed to stand trial by the District Court on the two charges. 

He said the charges arose from a building contract worth K7,989,892, involving his company Sarakolok West Transport Ltd. 

Work on the building started in Dec, 2008 and a certificate of completion was issued on March 5, 2010. 

But according to Wartoto, the state claimed that work carried out by his company was defective. 

Wartoto claimed that at no time within the defects liability period or anytime thereafter was his company given any notice of any defects pursuant to the contract. 

He said the contract was never terminated or rescinded. 

Wartoto therefore contended that the criminal charges against him were an abuse of process. 

After submissions from defence and prosecutions lawyers, Salika said their arguments should go to trial. 

“They are critical issues to be determined at trial and not here,” Salika said.