Court strikes out former Gov Numu’s case
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Court strikes out former Gov Numu’s case
PORT MORESBY: A district court in Goroka has struck out
the case involving former Eastern Highlands Governor Peter Numu and others for
improper wording and the lack of clarity of the charges.
Numu and the others were
charged in relation to interrupting the Eastern Highlands provincial seat
counting during General Election 2022.
Police alleged that on
Aug 7, 2022, between 10am and 11am, Numu and others disrupted counting in the
National Sports Institute.
The court proceedings were reported by The National:
Court strikes out
Numu’s case
November 21, 2022The
NationalMain Stories
THE Goroka District
Court has struck out a case involving former Eastern Highlands Governor Peter
Numu and others for improper wording and the lack of clarity of the charges.
Numu and the others were charged in relation to interrupting the Eastern
Highlands regional seat counting during the 2022 General Election. Police
alleged that on Sunday, Aug 7, 2022, between 10am and 11am, Numu and others
disrupted counting at the National Sports Institute counting venue.
Goroka District Court Magistrate Cosmos Inkisopo ruled that:
- INFORMATION against the
defendants legally defective;
- INFORMATION charging the 137
defendants to be struck out;
- BAIL money be refunded to the
defendants; and,
- THE 137 defendants be
discharged of the charges.
Numu had filed an application through lawyer
Samuel Efiua to dismiss the case for want of people descriptions and lack of
clarity in the summary of facts.
“To my humble mind, it may be quite sufficient to set out in brief only the
alleged facts that support the charge.
“But in my view, what is important and essential to render any information
valid and effective is to frame the wording of the charge in such a way as to
be setting out in clear descriptive terms the acts and omissions that are
alleged to have been committed that constitute the offence.
“Copying the exact wording of the offence creating provision of the law without
clarifying or articulating the alleged act and omission allegedly done
constituting that very offence as alleged is that bad at law, in my humble
view.”
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