The defendant and her lawyer appeared before Magistrate Laura Kuvi on Tuesday for mention, where issues of the Summary Offense court’s jurisdiction were raised.
Police Prosecution indicated in court that one of the two charges that the woman was facing was beyond the jurisdiction of the Summary Offense court.
The woman, Brenda Cangah, 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.
The court was told that Cangah, using a bottle of Red Door perfume, allegedly hit a flight attendant’s (complainant) face onboard a Brisbane-bound aircraft. She is also said to have pulled her scarf in the process. However, reasons behind the fight were not stated during the hearing.
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.
“The District Court is a creature of statute, it’s a creature of law and we can only do things according to law. What the law says in relation to things.
“The defendant is not prepared for this because they don’t have the file in relation to the mater,” Kuvi told parties in court when ordering police to make copies of the files available to Cangah and her lawyers by Jan 13.
Police Prosecution was told to get some instructions on affidavit from the complainant to assist in its submissions.