Court orders police to tender missing exhibits
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Court orders police to tender missing exhibits
PORT MORESBY: An 18-year-old man pleaded guilty in the Mt Hagen district court to having and selling marijuana.
However, the magistrate refused to allow the police prosecution to tender the 200 packets of marijuana as exhibit.
Why? All because the police failed to also tender other exhibits belonging to the accused.
The exhibits, comprising a handphone and K600, are believed to be in the possession of the arresting officer!
Read the following report reproduced from The National for the details:
Court rejects evidence, orders arresting officer to tender exhibits
By JAMES GUMUNOTHE Mt Hagen district court yesterday refused to accept evidence in a drug possession case because the police failed to tender exhibits belonging to an 18-year-old accused.
The exhibits, comprising K600 and a mobile phone, were believed to be in the possession of an arresting officer. Magistrate Donald Joseph ordered the police prosecutor to check with the arresting officer and tender the exhibits on Friday.
Gibson Ken, from Hela’s Lake Kopiago, was arrested on Thursday in Mt Hagen and charged with being in possession of and selling 200 packets of marijuana.
Ken pleaded guilty but alleged that his money and handphone were taken by the police.
The prosecution wanted to tender the marijuana as exhibit but Joseph rejected it.
“If police fail to tender the money and handphone as exhibits … the arresting officer needs to be referred to the provincial police commander, questioned, arrested and charged with theft,” Joseph said.
“There are processes and procedures to follow when arresting suspects. Policemen must not try to take advantage of their blue uniform and steal from (suspected) offenders.”
Joseph said suspects, who were arrested, were also protected by the law and due care must be followed by arresting officers.
Ken was allegedly in possession of the marijuana and selling it at Queens Park when policemen on foot patrol confronted and arrested him. He admitted to selling marijuana and pleaded to the court for mercy.
“I will not sell marijuana again,” he said.
The exhibits, comprising K600 and a mobile phone, were believed to be in the possession of an arresting officer. Magistrate Donald Joseph ordered the police prosecutor to check with the arresting officer and tender the exhibits on Friday.
Gibson Ken, from Hela’s Lake Kopiago, was arrested on Thursday in Mt Hagen and charged with being in possession of and selling 200 packets of marijuana.
Ken pleaded guilty but alleged that his money and handphone were taken by the police.
The prosecution wanted to tender the marijuana as exhibit but Joseph rejected it.
“If police fail to tender the money and handphone as exhibits … the arresting officer needs to be referred to the provincial police commander, questioned, arrested and charged with theft,” Joseph said.
“There are processes and procedures to follow when arresting suspects. Policemen must not try to take advantage of their blue uniform and steal from (suspected) offenders.”
Joseph said suspects, who were arrested, were also protected by the law and due care must be followed by arresting officers.
Ken was allegedly in possession of the marijuana and selling it at Queens Park when policemen on foot patrol confronted and arrested him. He admitted to selling marijuana and pleaded to the court for mercy.
“I will not sell marijuana again,” he said.
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