The Waigani District Court has ruled on insufficient evidence after reconsidering evidence filed by the accused that there was clearly no evidence of conspiracy on the part of the accused.
Philomena Piamari Nawara of Kubalea, East Sepik Province was cleared of two charges of False Pretence and Conspiracy today in relation to a property after the District Court re-considered evidence before the court.
Evidence was re-considered under section 100(1) of the District Court Act after she filed affidavits in response to the Court’s earlier ruling or filed a section 96 statement.
The Committal Court on Dec 10, 2015 ruled on sufficient evidence against Nawara, however before it could order a committal for trial; she was given the opportunity to respond to the court’s ruling and file a section 96 statement.
Nawara’s affidavit filed on Dec 16, 2015 contained a number of court orders from the Supreme Court, National Court and the Port Moresby District Court.
Magistrate Cosmas Bidar in reading his ruling today said pursuant to section 100(1) of the District Court Act, the law requires that the court shall re-consider evidence before it after an accused has exercised their right under section 96 of the District Court Act.
“The case involves a number of people and in conspiracy cases, more than one person is involved,”Bidar said.
He said the blurry evidence before the court is that there is hardly any evidence of conspiracy or recording to show that there was some planning to defraud the National Housing Corporation.
He also said from the allegations, only Nawara was charged for conspiracy and in conspiracy the accused as well as other co-conspirators have to also be charged.
It is alleged that between June 18 and September 30, 2011,Nawara conspired with another person and got a residential investment loan of K650, 000 from ANZ Bank for a property under section 46, lot 15 at East Boroko in Port Moresby with intent to defraud ANZ Bank.
It is also alleged Nawara by false pretence got a residential investment loan of K680,000 from ANZ Bank for a property belonging to the National Housing Corporation on the same period.
It also alleged that from the same period, Nawara falsely pretended to enter into a contract of sale with others and the NHC.
She was cleared on all the allegations today.