A ruling on whether the court has sufficient evidence against Probationary police officers, 22-year-old Joshua Yawijah of Maia village, Pangia, Southern Highlands Province, and 23-year-old Jacklyn Tanda of Sakarip village, Wabag, Enga Province was done this morning.
The two officers are allegedly involved in forcing a woman to swallow two condoms at the Boroko Police Station on Dec 4,2015. The woman was forced to swallow two condoms after she was forced to empty the belongings in her bag onto a table. Seven male condoms were found on her.
The Court ruled there is evidence including a copy of the recorded video that was recorded by the female probationary officer, Jacklyn Tanda in court. This is the same video which went viral on social media Facebook.
Senior Committal Court magistrate Cosmas Bidar said there is evidence the two unlawfully did an indecent act with intent to offend the woman. The woman was never charged for any offense, yet she was deprived of her personal liberty and forced to swallow condoms, an incident that was recorded by Tanda.
Magistrate Bidar also refused and dismissed an application filed by the two asking the court to dismiss their case on the ground they were not supposed to be charged criminally for the alleged offence. They say their arrest was an abuse of process.
He said the court found “absolutely no abuse at all on the part of police internal affairs” investigating the conduct of the two.
On July 13, their lawyer moved an application asking the court to dismiss the case on grounds they should be charged under the Wrongs and Miscellaneous Procedural act in a civil proceeding instead. Their lawyer said they acted in their capacity as Police officers and the complainant should have sued the state through a civil proceeding instead.
This application was refused and dismissed today.
They will return to court in two weeks’ time for their section 96 statement in response to the court finding sufficient evidence. They remain on duty as police officers in the meantime.