3 GE22-related court cases in progress
News that matter in Papua New Guinea
3 GE22-related court
cases in progress
PORT MORESBY: A General Election 2022 (GE22) candidate
in Lae was arrested on Tuesday (July 12, 2022) and criminally and summarily charged.
“The arrest should not
be politicized. People should not make up stories saying the arrest was politicized,”Lae
Metropolitan Superintendent Chris Kunyanban said.
“It (the arrest) has
nothing to do with any politicians or political party. The arrest was made
following the lodging of a police report,” he added.
And in the National
Capital District, regional candidate Robert Agen was denied a no-case
application filed in the National Court.
Agen is charged with
causing grievous bodily harm and sexual assault.
And the Supreme Court
has fixed July 29 for a full bench to hear a special reference filedby former
Madang governor James Yali to review the act that was amended by Parliament,
disqualifying convicts fro holding public office.
PNG Cyber Monitor reproduces below the three court cases that were reported by The National:
Candidate refused bail
July 15, 2022The
NationalMain Stories
THE arrest of a Lae
Open candidate on Tuesday night should not be politicised, a senior police
officer says.
Lae metropolitan Chief Superintendent Chris Kunyanban said the arrest was
purely a police matter where the candidate was charged both criminally and
summarily.
“People should not make up stories saying the arrest was politicised,” he said.
“It has nothing to do with any politicians or political party.
“The arrest was done following a complaint,” he said following claims on social
media.
Kunyanban said police did not have the power to allow bail as the candidate had
breached his bail condition from a prior case pending for wilful damage of
private property in court and was on court bail when he committed the same
offence.
The candidate was previously charged for allegedly damaging property in
Kamkumung and was out on court bail when he damaged a property at Eriku on
Tuesday.
“Police could not give him bail as under Section 9 (1) (b) of the Bail Act
states clearly that the offence with which the person has been charged was
committed while the person was on bail,” he said.
“No one is above the law, people who are the victims of crimes must have
justice,” he said.
The candidate was first arrested after damaging a vehicle at a political rally
and inciting a fight.
Candidate’s appeal
refused
July 15, 2022The
NationalNational
A COURT has refused a no-case application
filed by National Capital District regional candidate Robert Agen who is
charged with causing grievous bodily harm and sexual assault.
Acting Judge Tracey Ganaii made the ruling yesterday in the Waigani National Court
and adjourned the matter to today for defence submission.
Acting Judge Ganaii said the State had presented an indictment against Agen,
50, from Aregol village in Sinasina-Yonggomugl, Chimbu. Agen is alleged to have
assaulted the complainant Alwin Hennah Joku on four occasions in 2018.
Agen is alleged to have assaulted and sexually penetrated Joku without her
consent on April 30, 2018, at Ower’s Corner in Sogeri, Central.
The next assaults occurred on Sept 15, 2018, in Waigani, Port Moresby.
Acting Judge Ganaii said elements of both charges of grievous bodily harm (two
counts) and sexual assault (two counts) were supported in the offence
provision. “Section 340 (of the Criminal Code) says that a person who
unlawfully assaults another person and by doing so does bodily harm is guilty
of a crime.”
She said the offence of rape in Section 6, the definition provided that sexual
penetration as used in the definition was complete when there is introduction
to (sex).
“Section 347 provides the definition of rape – a person sexually penetrates
another person without their concern is guilty of a crime of rape.”
Acting Judge Ganaii said in the offence of grievous bodily harm under Section
319 stated that a person who unlawfully does grievous bodily harm to another
person is guilty of a crime.
She said for the record of interview, the affidavits of all State witnesses and
the summary of evidences were admissible.
“Joku (complainant), when questioned, said after the forced act of sexual
intercourse, the accused made me to sit down in the house and ask if I
understood that I have brought shame to his family,” she said.
“He even took out his belt and whipped her several times. There were more than
three instances of whipping. Joku said she felt pain and her back was hurting that
lasted for about 10 minutes.
“Joku further said Agen demanded sex, she cried and refused but yet she had no
choice, she was his property, he forced himself on her.”
Yali back in court on
July 29
Yali back in court on
July 29
July 15, 2022The NationalMain Stories
Justice Collin Makail presiding at Waigani yesterday gave this direction when
Yali’s lawyer Greg Sheppard advised the court that all previous court orders
had been complied with by all the parties.
He added that the matter was ready to be heard and application to be determined
before a full court.
Justice Makail directed lawyers for parties involved in the proceeding to file
and serve all submissions and extracts of arguments by July 22.
The parties in the proceeding are Public Solicitor, Public Prosecutor, Clerk of
Parliament Kala Aufa, Electoral Commissioner Simon Sinai and Attorney-General
Pila Niningi. Former Anglimp South Waghi candidate Justin Parker applied to
join Yali as the second applicant as he was also disqualified under Section
103(3b) of the Amended Act to contest General Election 2022 (GE2022).
Parker was caught under that Act because he was convicted and sentenced 13
years for murder in 2015 while Yali was jailed 12 years for rape.
All the lawyers of the parties yesterday agreed on the date except
Solicitor-General Tauvasa Tanuvasa, representing Niningi.
Tanuvasa said he would be away and would not be available when this matter
returns to court on July 29 and suggested if the matter could be heard on Aug
1.
Justice Makail said July 29 would fall during the Supreme Court week which the
Chief Justice Sir Gibbs Salika would be able to appoint judges to hear the
application.
Candidates want counting held in Bogia
Returning
Officer Cyril Retaw addressing candidates of Bogia Open at the administration
building yesterday. – Nationalpic by GLORIA BAUAI
All 37 candidates of Bogia Open have
petitioned the Election Manager Sponsa Navi to stop the transfer of counting
venue from Bogia station to Madang town.
Returning Officer Cyril Retaw said no formal letter had been given to him or
his officials in the district regarding the change of venue.
Retaw said, however, this information was verbally relayed by the Madang
Administrator Frank Lau during a 2am visit to Bogia Police station on Tuesday.
“When the provincial administrator came to the cell block where the ballot
papers are stored, he made mention of it but not directly to me as the RO, nor
to our district administrator or to any senior administration officers in the
district,” he said.
The candidates unanimously agreed that the primary counting remained in Bogia
station as planned on the basis that, historically, there had never been any
election related issue in the district and no election rigging in Bogia.
The candidates also argued that the transfer of venue would be expensive, and
increase chances of election rigging. Their petition, addressed to the election
manager and the Madang election steering committee, demanded also that regional
votes be packed and sealed in a separate box and escorted to Madang for
elimination and consolidation.
Lai said due to less security personnel being deployed in the province, all
counting had to be brought to Madang town.
Retaw, however, said the district had not reported any serious security issue
and saw no security threat for counting which was expected to start by next
week.
Kabwum DDA helps fund polling, counting
FUNDING for the
election in Kabwum, Morobe, is insufficient and the district development
authority (DDA) had stepped in to help polling and now with counting, an
official says.
Kabwum acting chief executive officer (CEO) Ezekiel Nigo said the PNG Electoral
Commission (EC) had not supported the electorate’s election officials and
security personnel with adequate funding.
“The district chipped in to help with logistics and security,” he said.
“All district vehicles were used for the transportation of polling officials
and also extraction of ballot boxes from various locations back to Kabwum
station.
“We also helped with fuel since the electoral commission did not allocate any
funds for this.
“We also funded the allowances for our security personnel on the ground.
“One thing I see that EC has failed big time up till now is the security
personnel on the ground.
“They said they didn’t received their allowances for the election operation and
we are winding down now, we will have counting towards the end of this week.”
Nigo said he wanted to know if EC would pay allowances before the counting
started.
He warned that if the security personnel were reluctant to provide security for
the counting because of their allowances, there would be problems.
Meanwhile, Kabwum returning officer Keteng Ondop said funding from EC was
insufficient since the common roll update.
He said currently, the funding was still inadequate but thankfully Kabwum DDA
had stepped in to pay for logistics and police allowances.
Drama in Lae as scrutineers refuse to enter
counting area
COUNTING for Lae Open
was suspended after scrutineers refused to enter the counting area at the Sir
Ignatius Kilage Indoor Sport Complex yesterday morning, an official says.
Returning officer Kusak Meluk said the reasons for the action were not clear.
Sixteen ballot boxes were taken out of the container for counting – eight for
regional and eight for Lae open – and only one was counted as scrutineers for
the regional ballots asked why their Lae open counterparts were not present.
Meluk said they proceeded with the counting for the Lae open with only four
scrutineers for the seat, however, this was done in the presence of security personnel
who witnessed the tallies being updated on the board. “I realised that for
transparency’s sake both parties needed to be present to see the counting take
place,” he said.
“We took the progressive count five and I had to suspend the counting to seek
legal advice on whether we could keep on counting and with or without
scrutineers.”
Meluk said his team waited three hours for the legal representative so counting
had to be suspended for the day. He said there would be a notice signed by the
election manager put out today for all scrutineers to congregate for counting
today as Monday would be the start of term three for schools and teachers and
other public servants would return to work.
He said counting officials were under pressure to complete counting before the
return of writs (July 29) and could not afford any more delays.
Lae police warn public not to carry offensive weapons
CANDIDATES, scrutineers and supporters have
been warned by police in Lae not to carry offensive weapons when entering
counting venues.
Lae metropolitan Chief Superintendent Chris Kunyanban said police searched and
arrested two supporters of a candidate after offensive weapons were found on
them.
“When police searched these supporters, they found in their possession
offensive weapons such as bows and arrows, illegal drugs like marijuana and
other offensive weapons,” he said.
Kunyanban said when police arrested people for possession of offensive weapons,
they claim that arrests were politically motivated.
“This is not a politically motivated arrest,” he said.
“This is part of policing service that the police is doing.”
Kunyanban said police had removed some scrutineers of some candidates at the
Sir Ignatius Kilage Indoor Stadium counting venue because they had weapons on
them.
He said scrutineers in all counting centres in Lae and Morobe should know that
being in possession of an offensive weapon in public venues was against the
law.
Kunyanban said that once the police finds anyone with weapons on them, they
would not hesitate to have them arrested and charged.
“We all should respect the processes involved in conducting the election,” he
said.
“This is a constitutional process that we must all respect.”
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