Lawyer withdraws from case, disagrees with conduct of proceedings

News that matter in Papua New Guinea

Lawyer withdraws from case, disagrees with conduct of proceedings

PORT MORESBY: Lawyer John Napu has filed a notice to withdraw from representing his client, a National Capital District (NCD) General Election 2022 (GE22) candidate, because he disagrees with the conduct of the court proceedings.

Napu told The National outside the court house that he detested the manner in which the court proceedings were being conducted.

“My client (Robert Agen) is not afforded a right to fair trial,” he added.

Acting Judge Tracy Ganaii in Waigani on Friday (July 15, 2022) adjourned the rape and assault case to give time for the State to respond to the notice filed by Napu.

The National reported the court proceedings:

Court defers rape, assault case

July 18, 2022The NationalNational

By VANESSA NIKEN
LAWYER John Napu has filed a notice to withdraw from representing his client, a National Capital District (NCD) General Election 2022 (GE22) candidate, because he disagrees with the conduct of court proceedings.
Napu told The National outside the court house that he detested the manner in which the court proceedings were being conducted.
“My client (Robert Agen) is not afforded a right to fair trial,” he added.
Acting Judge Tracy Ganaii in Waigani on Friday adjourned the rape and assault case to give time for the State to respond to the notice filed by Napu.
“The State is not aware of this, so we will give time for them to respond to the notice,” she added.
Napu said there were two incidents in Sogeri that occurred five months prior, and Agen was never charged.
“He was only charged with common assault in Gerehu, Port
Moresby, and while the case was running, they added these two charges (rape and causing grievous bodily harm).
“But the police came and said they never charged him.
“The ruling yesterday (Thursday) is not a ruling from court, it is a prosecution submission.”
Napu said he would file a Supreme Court reference for interpretations.
He said the interpretations would draw a line relating to the functions of the police as opposed to functions of the prosecution.
Agen, who is one of the 30 candidates in NCD Regional, also raised his concern outside the court that he would seek an interpretation on the fact that he was never arrested for the incidents in Sogeri.
“I was never arrested for rape and I was never arrested for causing grievous bodily harm”he added.
“Those are fundamental requirements, including the record of interview.
“So my constitutional rights were abused.
“Charges just came in after I was arrested for assault.
Napu said: “We are arguing that these are constitutional processes and not administrative processes.
“Why should Agen be committed to trial on causing grievous bodily harm when there is no medical certificate?”

Keep tampered boxes out: RO

July 18, 2022The NationalMain Stories

A NUMBER of candidates in the Kagua-Erave electorate in Southern Highlands are demanding the Electoral Commission to exclude ballot boxes they allege have been tampered by supporters of three fellow contestants.
Their allegations backed by photographic evidence and witness statements were in a petition addressed to Kagua-Erave returning officer Albert Helepe Weins over the weekend.
When contacted, the returning officer said from Mendi that he had not received the petition but was advised by his assistant returning officer in the Erave LLG that 17 ballot boxes from there had allegedly been tampered with but had been brought to Mendi police station.
The petition listed alleged incidences of three candidates (named) from the Erave, Kagua and Aiya LLGs seizing ballot boxes and getting their supporters to mark the papers and denying whole communities the right to vote.
In one of the electorates, supporters of a certain candidate killed a man and in retaliation, two other men and a woman were killed, the petition by incumbent MP Wesley Raminai stated.
“At Aboba polling station, the presiding officer and his assistant were allegedly threatened with weapons by a candidate and his brothers so they did not sign ballot papers.
Instead ballot papers for both the open and regional seats were taken into the candidate’s hausman and were signed by the candidate’s relatives,” the petition read.
It further stated that the eight ballot boxes in Aiya LLG and nine in Erave LLG which were flown in by helicopter had also been seized by candidates.
“We have threats coming from each of the wards that they will shoot down the choppers.
The Electoral Commission is advised not to send choppers into Kagua-Erave.
“The situation on the ground is so tense,” Raminai said in the petition.
“At the Ronga Apoma polling booth in Sugu Valley, supporters of one candidate forced the presiding officer and his assistant to sign ballot papers.
“Tension flared and the candidate’s supporters killed one man,” Raminai stated in the petition.

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