The National Court has refused to grant an application to dismiss criminal proceedings for abuse of process against a former politician.
Justice Theresa Berrigan, when handing down the decision said the matter was of public interest and involves serious allegations of fraud against the former Madang MP, Alois Kingsley.
She said the matter must proceed for trial.
Kingsley was charged with forgery, uttering and stealing on February 24th, 2020 and was committed on June 6th 2022 to stand trial in the National Court.
The alleged crime took place between 1997 and 1998.
Kingsley through his legal team relied on s37 (3) of the Constitution for protection of law submitting that a person charged with an offence shall be afforded a fair hearing within a reasonable time.
It was argued that the alleged crime took place between 1997 and 1998 and that the information was laid in 2022, a delay of almost 23 years.
However, Justice Berrigan said there has been no undue delay on the part of the investigating and prosecuting authorities.
“The Public Prosecutor in the exercise of his Constitutional function has reviewed the matter and made a deliberate decision that there is a reasonable prospect of conviction and that prosecution is in the public interest.
“I am satisfied that there is public interest in the case. It concerns serious allegations concerning the fraudulent transfer of valuable assets.
“Public interest requires that the matter proceed to trial. It should do so as soon as possible,” she added.