The two police officers allegedly involved in forcing a woman to swallow three condoms last year at the Boroko Police Station have filed an application to have their case dismissed at the Committal Court.
The probationary police officers – 22-year-old Joshua Yawijah of Maia village, Pangia, Southern Highlands Province, and 23-year-old Jacklyn Tanda of Sakarip village, Wabag, Enga Province – returned to Court this morning with their lawyer for mention.
Police Prosecution filed its submissions in response to the two officers’ submissions made earlier to the court.
The officers also returned to court today with an application to have their case entirely dismissed on the ground they were not supposed to be charged criminally for the alleged offence.
Their lawyer moved the application saying his clients should have been charged under the wrongs and miscellaneous procedural act for abuse of human rights.
They said they acted in their capacity as police officers and the complainant should have sued the State through a civil proceeding instead.
The court will make a ruling on that application and on the sufficiency of evidence before it on Wednesday, August 3.
Yawijah is facing allegations that while he was in the company of female probationary officer Tanda and another male police officer on Dec 4, 2015, he forced a woman to chew and swallow two condoms at the Boroko Police Station.
The woman was forced to swallow two condoms after they searched her belongings and found seven condoms on her.
The incident was allegedly recorded by Tanda and went viral on social media.
They were charged for one count of deprivation of personal liberty, two counts of forcing someone to do indecent acts and one count of abuse of office.