Police v Saki [2018] PGDC 19; DC4012 (27 February 2018)

DC4012
PAPUA NEW GUINEA
In the District Court of Justice
Sitting In its Criminal Jurisdiction

Cr 32 of 2018 & Cr 33 of 2018.

The Police
Informant

And

KORAI SAKI

Defendant

Goroka, P Kaumba, Magistrate

2018: January 15, 22, 29 & February 27

Counsel:

Informant: Police ProsecutorRocksyGitene.
Defendant: In person.

DECISION

P KAUMBA, Magistrate: Onthe 15^th of January 2018 the Defendant was taken into custody by police and was charged on two counts for misuseof Telecommunication Service under section 169 of the Telecommunication Act 1996. He was granted bail of K200.00 for each charge. He appeared before me on the 15^th of January 2018 and due to bail money not being paid to Finance Department I adjourned the case to 22^nd of January 2018.On the 22^nd of January 2018 I had the case stood over to the 29^th of January 2018 due to bail monies not paid into Finance Department again. On the 29^th of January 2018 still bail monies were yet to be paid to Department of Finance so I adjourned the case to today for mention.

2. RESEARCH ON RELEVANT LAW.
I have searched the law and noted that the Telecommunication Act 1996 was repealed in 2009 and replaced with National Information and Communication and Technology Act 2009 but section 169 ofthat Act that creates the offence of misuse of telecommunication service was retained under sections 266 and 267 of the NICT Act. In 2016 the National Parliament amended the Act again and repealed sections 266 and 267 of the Act altogether so there is no law in existence now. Therefore the charges against the Defendant cannot be sustained under the current form.

ORDER.
The courts formal orders are:

1. The information is struck out.
2. The Defendant is discharged.
3. The Defendants bail monies be refunded to him forthwith.
   

Lawyer:

Informant : Nil.
Defendant : Nil.