Komo-Margarima MP Francis Potape case 2016

Potape’s motion proceeds to hearing

Justice Collin Makail heard parties’ arguments in court after he refused an adjournment sought by the first defendant, Member for Koroba-Lake Kopiagio, Philip Undialu.

The court was told that notices were issued for a meeting to be held on June 28 at the Hela Provincial Hall in Tari at 10am. All 13 members of the assembly met there and Francis Potape was nominated in the meeting, which was chaired by Deputy Governor Thomas Potape.

Potape to file no case against State

Justin Haiara, who is representing Potape, told the court today he will be moving a no-case submission for his client. This will ask the court to acquit his client of the allegations against him in the trial without the defense having to present its case before the court.

State prematurely closed its case against Potape this morning as the re-trial entered day three at the Waigani National Court house.

First witness called in for Potape trial

The trial commenced this afternoon after the indictment or charge against Potape was finally read and explained to him. He pleaded not guilty, which saw the commencement of the trial.

Labi Kinch, an accountant who was previously with the Provincial Local Legal Government Affairs till 2013, was the first State witness in the trial.

His job was as an auditor who investigates books for funds held with the provincial treasury office.

​Potape pleads not guilty to misappropriation charges

Potape’s plea of not guilty came after Justice George Manuhu read out allegations provided to the court this afternoon which contained the basic facts and relevant charges against him.

“Yes your honour, I plead not guilty,” he said when asked if he understood the two charges the State brought against him and what his plea was.

Trial against Potape commences

The trial was later adjourned to 1.30 this afternoon to allow time for the state to fix the charge against Potape, after one was struck out or removed from the allegations.

The charge or indictment was supposed to be read and explained to Potape, which is the normal process at the beginning of a trial before witnesses are called in. However, this did not take place.