The Magistrate presiding over a case involving the alleged fight onboard a Brisbane bound flight on Oct 7, 2016 has told counsel representing the defendant to make his submissions on jurisdiction this Friday.
Magistrate Laura Kuvi on Wednesday told lawyer representing the woman (Brenda Cangah) who allegedly hit a flight attendant (Elisabeth David) using a bottle of Red Door perfume to make his submission in regards to the jurisdiction of the court because the matter has been adjourned for far too long.
“The delay is that counsel should now make their submission in regards to jurisdiction and have this matter dealt with,” she said.
She made these comments after Cangah’s lawyer went before her on Wednesday with an application asking the court to strike out the two charges she was arrested on.
The application was filed on grounds there is an unreasonable relay on the part of police prosecution and the matter should have had its files served on Cangah’s lawyers within three months of proceeding commencing in court.
However, Magistrate Kuvi said the files and facts surrounding the allegations were already available to them and it was counsel’s responsibility to turn up in court even when the defendant sought leave to travel out of Port Moresby.
Cangah’s lawyer withdrew their application and indicated he will make submissions when the matter returns to court this Friday.
On Jan 11, Police Prosecution indicated in court that one of the two charges that Cangah was facing was beyond the jurisdiction of the Summary Offense court.
She was charged with unlawful assault, under section 63 of the Summary Offense Act.
She was also charged with threatening a member of the crew of an aircraft under section 262 of the Civil Aviation Act. This charge has a penalty imprisonment of a term not exceeding 14 years.
Prosecution made an oral application under section 16(1)(A) of the District Court act to withdraw both charges and have the defendant charged under section 339 of the Criminal Code Act. Prosecution also said the matter should proceed in the Committal Court at Waigani.
Magistrate Kuvi told parties in court to make proper submissions on Jan 18 when the matter returns so she can make a proper decision according to law. This will now take place this Friday (Jan 20).
It is alleged that Cangah, using a bottle of Red Door perfume hit the flight attendant, Elisabeth David’s face (complainant) onboard a Brisbane-bound aircraft on Oct 7 last year. She is also said to have pulled her scarf in the process. The incident was over an alleged affair David was having with Cangah’s husband.