Former Immigration Boss Cleared

The Waigani National Court yesterday discontinued criminal charges against former Chief Immigration Officer Robert Bara Kennedy following a nolli prosequi notice from the office of the Public Prosecutor informing the court to discontinue the case. Lawyers from the Public Prosecutor’s office presented the notice to discontinue the case before Justice Teresa Berrigan who accepted the notice and discharged Kennedy and three other co-accused persons. Kennedy was charged with conspiracy to defraud relating to an alleged approval of funds to purchase ink and toner for the office which cost around K7,500. Kennedy was the Manager Finance with the Immigration and Citizenship Office when he approved the payment. As Manager Finance, Mr Kennedy was vested with financial powers to approve payments below K30,000 at the time. Kennedy’s lawyer Isaac David of Akia and Associate lawyers told the media in a press conference after the case that his client was now free from the charges since it was discontinued. A relieved Mr Kennedy said the entire allegations against him were malicious and only to defame his good name and character and thanked the judicial system in clearing his name. He said such malicious prosecution only wastes the courts time and the decision by the Public Prosecutor to discontinue the case was timely and proper. “It would be much fairer if in the future, certain provisions in the Criminal Code Act be amended have those filing malicious charges and allegations against another person be automatically charged and prosecuted for such wasting police and courts time to press unnecessary charges and destroy another person’s reputation,” Mr Kennedy said. He said his case is one of such and he would seek legal advice from his lawyer for the next cause of action. He said this was the fifth allegation that he was cleared from and he would like to make it clear and reiterate that all the allegations against him were unnecessary and a waste judicial time and resources. “It has indeed been a tiring process I had to endure but I had to submit to our lawful process and I am finally relieved that justice has prevailed,” Mr Kennedy said.

Caption: Former Chief Immigration Officer Robert Bara Kennedy (right) and his lawyer Isaac David addressing the media after his charges were discontinued yesterday.

Biscuit company boss, Ian Chow, convicted

BY FRANKIY KAPIN

IAN Chow, the managing director of Lae Biscuit Company, has been convicted of smuggling into the country firearm parts and accessories undeclared by Papua New Guinea Customs Service, the Post-Courier reports. 

Lae District Court magistrate Jeremiah Singomat imposed a K25,000 fine on Mr Chow after finding him guilty of which he has paid, according to his lawyers.

The undeclared goods confiscated by the Customs include empty ammunition shells, live bullets and gunpowder shipped into Lae four years ago, on April 14, 2012.

In sentencing Mr Chow last month, Mr Singomat indicated that the defendant had shipped a container (identified) under his name containing items which he failed to declare with Customs.

Mr Singomat also stated that the defendant had cooperated with the Customs officials leading to him being charged with smuggling undeclared items, contrary to section 149 (1) of the Customs Act 101.

He also indicated that the lawyer for the defendant entered a guilty plea and made submissions on sentence.

Mr Singomat said the early plea amounts to mitigation and it was also the view of the court that the defendant had not done wrong in the law by mistake.

"He is an educated person, had been in the country as a citizen and had imported items as a nature of his family business many times before the date he committed this particular criminal act in 2012. More importantly, the defendant has the knowledge of the Customs laws of the country," Mr Singomat said.

In pleading guilty to the smuggling charge Mr Chow had admitted reckless wrongdoing by trying to short cut the process and not completing the importation documentation.

He said he did it because his house had been destroyed by fire and the Lae shooting club under his presidency needed the ammunition.

Mr Chow indicated that the case had resulted in his employment being terminated and leaving him in exile in Thailand for the last four years.

He returned to PNG in August and presented himself to relevant authorities to be indicted accordingly.

Ian Chow

Village Court found woman guilty of practicing sorcery

BY PEARSON KOLO

THE Asaroyufa Village Court in Goroka District, Eastern Highlands Province, has formalised the divorce of a couple after finding the wife guilty of using sorcery, or "black magic," to keep her husband against his will.
Village court magistrate Paulus Teteh ordered the divorce two weeks ago and asked the wife’s family to pay back three-quarters of the bride price payment to the husband by November 6.
The case proceeded in the village court three months ago after the husband, Kila Ruri, from Western Highlands Province, summoned his wife of three years, Evelyn Kusi, from Enga Province, complaining that she had "poisoned" him on several occasions, not to kill him but to "possess" him.
The court was also told that the wife frequented her husband’s workplace and disturbed him in front of his colleagues, even his bosses.
Magistrate Teteh ruled that there was sufficient evidence before the court for a divorce.
"Evelyn, yu no save respectim man blo yu na planti taim yu mekim pasin nogut lo em na distebim em lo wok ples blo em. (Evelyn, you have no respect for your husband and have done terrible things to him and also disturbed him at his workplace.")
Mr Teteh also said sorcery, or black magic, could not be proven, but the evidence presented in the court showed that Evelyn Kusi had practiced "black magic" or sorcery to achieve her aim.
"Marit bilong yutupela em divorce or buruk na yutuplea fri lo marit gen. (Your marriage is now broken, over, and you are free to marry again," Mr Teteh told the couple.)
Kila Ruri had summoned his wife before the Asaroyufa Village Court claiming she had been "poisoning" him on several occasions before he discovered strange items in her bag.
"I have discovered many strange materials in different shapes and sizes in her bag, under our family bed and pillow, and I was very frightened," Mr Ruri said.
"Some of these materials look like human bones, hair, small pieces of tree bark, small stones, features and many more strange things."
Mr Ruri, who comes from the Mul-Baiyer Lumusa district of Western Highlands, had called leaders from his village to travel to Goroka to be present during the court proceedings.
Mr Ruri said he does not know why his wife from Kompiam District in Enga Province would want to use "black magic" on him and for what reasons.
"I know she used these materials on me in my meals and I slept over it in my bed to make the evil spell of these things to get hold of me," Mr Ruri said.
"And I also know that the power of these ‘black magic’ materials made me sick most of the time until I discovered them and took her to court."
Many of Kila’s "discoveries" of the presumably black magic materials had been presented at the Asaroyufa Village Court as "evidence".
Evelyn Kusi was not available for comment.
Mr Ruri said he was a young man and would be happy to start his love life all over again.//Source: Post-Courier

Kila Ruri showing some of the materials he found in his former wife's bilum (string bag)
which he claim were sorcery material and presented them to the village court. 

EHP administrator to stand trial

EASTERN Highlands administrator Solomon Tato has been ordered to appear before the Goroka National Court on two fraud-related charges against him.
Tato, from Ibusa-Moke village in Okapa district, was charged with abuse of office and misappropriation involving K2 million belonging to the State.
The charges was in relation to the awarding of a contract to Lance Works Limited between March 5, 2011, and March 21, 2012, while he was the chairman of the provincial supplies and tenders board.
The State alleged that the contract was contrary to proper procurement processes under the Public Finance Management Act.
Tato was previously charged with official corruption, abuse of office and misappropriation. The three charges were struck out by the Goroka Committal Court on Nov 27 last year because of lack of evidence.
Public Prosecutor Pondros Kaluwin invoked his independent power to commence a fresh proceeding against Tato.
Kaluwin issued an ex-officio indictment, dated March 14, charging Tato with one count of abuse of office and one count of misappropriation based on same evidence before the committal court. The indictment was presented to the court on July 22.
Tato moved an application at the national court in Goroka on Sept 26 to quash the ex-officio indictment.
The court, presided by Justice Joseph Yagi refused the application last Friday. Tato appeared in court on K5000 bail.
Meanwhile, Eastern Highlands  treasurer Paul Poini Makeso, Okapa  treasurer George Paul and principal of Lance Works Ltd Robert Karano Kafo have been committed on Sept 23 by the Goroka Committal Court to stand trial at the National Court in Goroka. They are facing similar allegations as Tato. //Source: The National 

Man appears in court for assaulting pregnant woman

By DAPHNE WANI
A MAN facing a charge of assault causing injuries to a pregnant woman in Port Moresby in March appeared in the Bomana National Court last week.
Justice Panuel Mogish adjourned the case of Samson Dupai from Nebilyer in Western Highlands to November 7 for mention.
Police allege that on March 22, Dupai attacked Rachel Yamba, using a piece of timber to hit her on the head at the Tokarara market in the National Capital District.
Dupai was committed to trial by the Waigani Committal Court on September 20.
Dupai’s lawyer Fredrick Lunge told the court that Dupai would likely plead guilty plea.
//Source: The National 

Man charged with causing grievous bodily harm

By TABITHA NERO
A MAGISTRATE has described a case as “very unusual” involving a man charged with causing grievous bodily harm.
Thomas Warepa, 30, from Tuku village in the Tari district of Hela, was charged with causing grievous bodily harm when he allegedly pulled Kelo Kepawi’s penis and broke his testicles on June 25 at Erima settlement in the National Capital District.
Waigani Committal Court magistrate Cosmas Bidar said the court had just received police files on the matter.
Bidar said the court would consider the evidence submitted by police before ruling on the sufficiency of evidence.
Police allege that Warepa, who was under the influence of alcohol, got into an argument with Kepawi over an accommodation issue at the Erima settlement in NCD on June 25.
Kepawi allegedly tried to throw Warepa out of a house. Warepa who was lying on the floor then allegedly pulled Kepawi’s genitals and breaking both his testicles in the process.
Kepawi was taken to the Port Moresby General Hospitalwhere he received 14 stiches and was told by doctors that he was lucky to be alive.Warepa will remain in custody at Bomana prison until the case returns to court on Oct 14. //Source: The National

Man to stand trial for rape

It comes down to the word of the victim against the word of an alleged rapist, Waigani Committal Court magistrate Cosmas Bidar said when committing a man to stand trial last Friday.
“The court now has no reason to doubt statements made by the victim,” he said when committing Soti Kuk, from Jika in Western Highlands, to the national court.
Kuk is charged with raping a boy under the age of 10 on May 1 at Vadavada settlement in the National Capital District (NCD).
The court heard that Kuk in his statement claimed he was sleeping under a tree when five men attacked and chased him and brought him to Hohola police station.
According to other witness statements, the victim went home and told his family and they came and allegedly attacked Kuk and took him to the police.
Bidar said there was sufficient evidence in the matter to commit him to trial.
He ordered that Kuk remain in custody at Bomana prison and appear for listing at the national court on Oct 24.
Meanwhile, another man also charged with rape of an under-age girl, was committed to stand trial at the Waigani National Court last Friday.
Larson Lake, from Kandep district of Enga, was alleged to have raped a seven-year-old on April 2 at Bautama, NCD.
Bidar said that there was sufficient evidence in the matter for a trial.
He told the court that the victim in her statement clearly identified Lake as the perpetrator.
The court ordered that Lake remain in custody and appear for listing in the national court on Oct 24. //Source: The National