Committal court

Richard Jason Namaliu of Raluana village, Kokopo, East New Britain Province and his lawyer appeared before Magistrate Cosmas Bidar of the Waigani Committal court.

The court explained the committal court process and the charge and allegations against him before adjourning the case for a month.

Namaliu remains on a National Court bail of K2000. He was charged with murder.

He was released from custody on Monday, July 31.

It is alleged he murdered Laufa of Lese, Malalaua, Gulf Province, along the Fort Banner Road, UPNG, on February 11.

Justice Leka Nablu today granted leave to an application that was moved by Director of the National Fraud and Anti-Corruption Directorate, Matthew Damaru, on May 18, asking the court to review that decision of Magistrate John Kaumi.

Magistrate Kaumi dismissed the case and the information that was laid against Sir Bernard.

The Committal Court’s view was that it does not have jurisdiction to prosecute or commence a criminal proceeding against Sir Bernard, who occupies a judicial office because certain laws were not complied with.

This was because no investigation files have been done up or served to the defendant, and no instructions given to court by police, six months on after a Chimbu man was arrested on allegations he sexually touched a minor.  

It is by practise in the Committal Court that investigation files must be done within three to four months and served to the person accused of committing an offense.

Acting Provincial Police Commander senior inspector David Yapu told Loop PNG that the accused, 28 year-old Muhammad Hussain of Pakistan was formally arrested on Monday.

He was charged with four counts of sexual penetration, under section 229(a) of the Criminal Code Act and Sexual offense and Crimes against Children’s Act.

PPC Yapu said the defendant invited the victim and two others to the lodge where she was violated.

Hussain is expected to appear in court this Wednesday for mention.

Gesele returned to court today for the second mention of his case where he was told that police are still working on producing a hand up brief or investigation files in court.

The case was adjourned to March 20. By way of practise in the Committal Court, Police investigators have four months to produce the investigation files in court before defense counsels can make a response and the court decides if there is sufficient evidence on the allegations.

The matter went for mention before of the Waigani Committal Court on Tuesday.

Police prosecution told the court it received submission from Sios’ lawyers in response to the police hand up brief which was served to Sios in November 2016.  The defense filed its submissions on Monday this week.

Magistrate Mekeo Gauli adjourned the matter to Jan 27 to give Police Prosecution three weeks to make a response to defense submissions.

Her bail is further extended till then.

Janet Roland Sios, 52, is from Kabanut village, Namatanai District, New Ireland Province.

Warren Koaba was arrested and charged for false pretense and dishonestly applying properties of his employer, Nestle, between June and September last year in the Eastern Highlands Province.

The court in its ruling found there was sufficient evidence the containers of noodles went missing while they were being moved from a yard in the Eastern Highlands Province by the accused, who was the area sales manager then.

The five containers allegedly went missing from the Mapai Transport yard during transportation under the supervision of Koaba.

His lawyers filed the application that will be heard next  Wednesday by Magistrate John Kaumi.

On July 21, a three-man Supreme Court bench found the arrest warrant issued by the Committal Court in June 2014 for the arrest of Pala was defective, declaring it void and of no effect.

The Supreme Court found that the arrest warrant of the Attorney General was invalid and quashed the criminal charges he is currently facing at the District Court.  

Lawyer John Griffin, told the Committal Court today that his client approved the ‘inter-government transaction’ from Treasury to the Bank of Papua New Guinea on Dec 17,2013 on instructions from the Prime Minister while the acting Secretary, Dairi Vele was out of the country.

This took place after bilateral agreements between the government of PNG and Israel was signed on Oct 15, 2013 for electricity projects in Lae and Port Moresby.

“Abuse of office doesn’t amount to breaches in processes of the Public Service Management Act,” he said.

The accuseds Jude Nidung, David Travolta, Gregory Tuaki, Alwin Matiabe, Tobias Samson and, Kenneth Yangun all appeared before Magistrate John Kaumi this morning for mention where their lawyer gave the court his written submissions in response to the Police investigation files.