The Police Prosecution team handling the case of Justice Sir Bernard Sakora at the Committal Court has been asked to provide to the court evidence on directions from the Public Prosecutor.
Sir Bernard’s lawyer, Loani Henao filed an application in that respect which was brought to the court’s attention today when he returned for mention.
Henao said due to the position Sir Bernard holds, section 119(5) of the Criminal Code of PNG will apply as he was ‘foreshadowing’ the application they intend to move. That application will be moved on a later date.
Sir Bernard was charged with Judicial Corruption, under section 119 of the Criminal code. Under that provision of section 119(5), prosecution of an offense against a person who holds a judicial office “cannot begun except by the direction of the Public Prosecutor.”
However Fraud Prosecutor, Sergeant Michael Awagl told the court he does not have any instructions from the arresting officer as files in the case are locked in the Fraud and Anti-Corruption office.
Magistrate John Kaumi said at this stage there is a “practical situation” where investigating officers are unable to access their files in the locked Fraud office.
Henao said the information that was laid charging his client, was done on April 7 and till now Sir Bernard has not been arraigned in court yet since his arrest.
He added that the Police Prosecution team should have a copy of the charge information made available to by the investigating officers well before prosecution commences in court.
The charge against Sir Bernard alleges that on Sept 22, 2009 in Port Moresby, being a judge of the National and Supreme Court, he corruptly received from Paul Paraka through PKP Nominees Ltd, a sum of K100,000 on account of him having in his judicial capacity to stay the operations of the Commission of Inquiry into the Department of Finance. A charge Sir Bernard denied. He said through his lawyer that what transpired from the payment of K100,000 to Sir Bernard was a commercial transection after his honor put out a public notice for the sale of a vehicle, a Ford Everest Station wagon registration no. BCA-531.
Sir Bernard’s case was adjourned to next week Monday.
Meanwhile, Police Commissioner Gari Baki told the National Court yesterday that files of cases before the court that are locked up in the Fraud office can be accessed through a request to the Assistant Police Commissioner Crimes Victor Isouve.
(Picture: Sir Bernard at the Committal Court today )
