Loghman Sawari

District Court dismiss case against refugee

Magistrate Mekeo Gauli dismissed the case after lunch today because he was of the view that police prosecution did not prove it's case for the refugee to answer to.

He said a constitutional breach occurred during Sawari's arrest on February 3 because he was not accorded his rights under section 42 of the PNG Constitution before he was questioned for a recorded interview.

The passport which was used by Sawari to travel to Fiji on  January 20, 2017 was also not produced in evidence before court. This passport was vital in police prosecution's case.

Refugee allowed bail by National Court

Justice Panuel Mogish allowed bail on the same conditions and the amount of K1,000 which was granted on February 15, this year at the Boroko District Court.

He allowed bail to Sawari as he was of the view, that the second charge under the Migration Act was defective.

It is defective because circumstances arising in the earlier charge (under the Passport Act) and the recent charge under the Migration Act are the same.

Both charges relate to Sawari obtaining a false PNG Passport and travelling to Fiji.

Refugee to ask court for bail

 He is seeking bail in the National Court after he was arrested and charged with two more charges under the Migration Act on April 4.

The 21 year old refugee was taken to the Waigani Police Station on the afternoon of April 4, straight from his court trial at the Waigani District Court by police and Immigration officials.

He was then charged for making False Representation under section 16(1)(e) of the Migration act.

He has been held in custody at the Waigani Police station since his arrest.

Sawari taken in by police after court

His lawyer, Loani Henao told the media outside the court house, he does not know why his client was taken in but all he knew was that he was to be driven to the Waigani Police station.

Police escorted him into a waiting vehicle soon after his lawyer made further submissions in court on a no-case submission, asking the court to dismiss the case on the grounds that police prosecution did not prove its case.

Henao told the court there was no evidence that he used a PNG Passport, number e133854 to travel out nor obtained the passport from falsified information.

Refugee lawyer makes no case submission

Police prosecution have been given until April 4 to respond to the Defence no case submission.

If the court accepts the no case submissions by Sawari’s lawyer, the case will not proceed to hear evidence by him and the case will be dismissed. However if the court rules in favour of police prosecution and its evidence, the trial will continue for Sawari to give evidence.

Loani Henao who is representing the refugee who was deported from Fiji on February 3, asked the grade 5 court to dismiss the case which has gone for trial in the district court.

Refugee Sawari's trial deferred to end of month

The trial was supposed to commence on Tuesday however it was deferred because police prosecution were unable to organise witnesses in time.

Sawari and his lawyer Loani Henao appeared before Magistrate Mekeo Gauli today.

With the deferral of the trial, the court told police prosecution to make copies of the state witnesses to Sawari's lawyers next week.

His bail of K1,000 has been extended and he is to continue reporting to the Waigani District Court registry.

Refugee to stand trial over false passport

Sawari and his lawyer appeared in the grade 5 court on Friday before Magistrate Mekeo Gauli.

He was formally arraigned, or had his charges read to him in court, where he pleaded not guilty. A trial will be conducted next Tuesday.

The 21-year-old was arrested and charged for providing false information for the purpose of obtaining a PNG passport from the PNG Immigration and Citizen Services Authority, a charge that falls under section 16 (1) of the Passport Act of 1982.

Bail allowed for Sawari

Magistrate Alex Kalandi granted bail to the defendant after he spent five nights in remand at the Bomana Correctional Institute.

His lawyer Loani Henao is now arranging payment of bail to be paid before his client can be released from the District Court precinct.

His guarantor Father Francis Xavier of the St Joseph’s parish will pay a fee of K500. He has been ordered to make sure Sawari complies to all his bail conditions. He will also accomodate Sawari in Port Moresby until his case is fully dealt by the court.

Refugee’s bail decision further adjourned

The matter was deferred due to technical issues the presiding magistrate had over his decision. Sawari is the refugee who was deported to PNG on Friday February 3, from Fiji.

He will spend another night in remand at Bomana because the vehicle that was supposed to bring him down to Boroko is undergoing service.

Sawari was transported to the CIS facility at Bomana soon after his lawyer asked the court for bail at K500 last Friday.

Bail decision for deported refugee pending

Sawari is the refugee who was deported to PNG on Friday February 3 from Fiji. He went to court proposing bail to be granted at K500.

 He was transported to the CIS facility at Bomana soon after the court hearing, where he will be remanded in separate confinement till Tuesday.

He was remanded at the Boroko Police station holding cell on Thursday night. The cell is currently undergoing renovation and police allowed for him to be confined there for only one night.