Former acting migration officer Kennedy freed from charges

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Former acting chief migration officer Robert Bara Kennedy

Former acting migration officer Kennedy freed from charges

PORT MORESBY: Former acting chief migration officer Robert Bara Kennedy’s abuse of office and attempting to pervert the course of justice charges were dismissed by the Waigani committal court on Thursday.

Magistrate Paul Nii said the evidence provided by the police was insufficient to commit Kennedy for trial in the National Court.

Details of the court proceedings were published by The National:

 

 

Ex-officer’s charges dismissed

November 19, 2021The NationalNational

By BEVERLY PETER
FORMER acting chief migration officer Robert Bara Kennedy’s criminal charges of abuse of office and attempting to pervert the course of justice were dismissed by the Waigani National Court yesterday.
Magistrate Paul Nii, in dismissing Kennedy’s charges, said the evidence provided by the police was insufficient to commit him.
“Having careful consideration of the evidence from both parties, I found police evidence to demonstrate the motive of having the allegations against Kennedy was for self-interest than of the interest of the country,” he said.
“The charges against Kennedy were based on state witnesses, including complainant (John Bira), who was terminated by Kennedy.”
Police alleged that last Sept 17, Kennedy, as acting chief migration officer, approved a criminal enquiry team involving the complainant John Bira and other policemen to fly up to Mt Hagen to conduct investigation on foreign employees.
In the course of the investigation, a number of foreigners in Mt Hagen and Chimbu were prosecuted.
Police also alleged that Kennedy did not make possible for Bira and the team to present evidence against the foreigner when ordered by Mt Hagen District Court.
For that, he was arrested on June 13 and charged with abuse of office and attempting to pervert the course of justice.
Magistrate Nii said: “If all state witnesses in their statements said they were unlawfully terminated from the office by the defendant and if that is so, how did being terminated from employment turn into a criminal course of action?
He said the prosecution needed to understand the difference between criminal law and the civil law.
Magistrate Nii said the burden of proof laid with the police who failed to provide sufficient evidence to support any of the charges.

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