Court rules land-grabbing post on Facebook true

News that matter in Papua New Guinea

Court rules land-grabbing post on Facebook true

PORT MORESBY: A committal court has ruled that a Facebook post on land-grabbing is true as it had connections to the business entity and the NCDC (National Capital District Commission).

Magistrate Paul Puri Nii then dismissed a defamatory publication charge against Robert Agen yesterday (Oct 27, 2022).

He ruled that Agen, 48, from Chimbu’s Sinasina, had provided a valid defence with evidence to the court to support his Facebook post on land-grabbing.

Details of the court proceedings were published by The National:

Court dismisses Agen’s case

October 28, 2022The NationalMain Stories

A COMMITTAL Court dismissed a defamatory publication charge against Robert Agen yesterday.
Waigani Committal Court Magistrate Paul Puri Nii ruled that Agen, 48, from Sinasina, Chimbu, had provided a valid defence with evidence to the court to support his Facebook post on land-grabbing.
“I am satisfied with the evidence presented by Mr Agen as it proves that the Facebook post on land-grabbing was true as it had connections to the business entity and the NCDC (National Capital District Commission),” Magistrate Nii said.
“(He) provided evidence of the land title to prove that the land was transferred from the NCDC to the business entity of the wife of the complainant (Moresby South MP Justin Tkatchenko).
Magistrate Nii said all land titles and documents provided by Agen were valid and relevant, supporting his social post
He said it was not a defamatory publication but indeed the truth.
“The Cybercrime Code Act of 2016 requires defence evidence to prove that the allegations in the defamatory publication is true,” Nii said.
Magistrate Nii said at the time of his earlier ruling, based on the police evidence, documents were not filed in the defence submissions made by Agen’s lawyer John Sebby.
“Mr Agen did not present his defence evidence through his defence submission when the time lapsed and a ruling was made,” he said.
“But he presented the documents when giving his Section 96 statement.”
Magistrate Nii said Agen’s Section 96 statement was in detail and produced evidence that the land was indeed owned by Tkatchenko’s wife.
“For this reason, I have changed my ruling and dismissed the case as you have produced a valid defence evidence that convinced me that the land was transferred to the company owned by the complainant’s wife.”

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