Police v Abrahams [2018] PGDC 20; DC3097 (1 March 2018)

DC3097
PAPUA NEW GUINEA

IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS CRIMINAL JURISDICTION

Cr92of 2018

THE POLICE

Informant

And

MATHILDA ABRAHAMS

Defendant

Goroka, P Kaumba, Magistrate

2018: February6

March 1

CRIMINAL:

Cases Cited:
Nil

References:
Nil

Counsel:

Lawyer for the Informant, Police Prosecutor-Senior Constable JoyceKundi.

Lawyer for the Defendant, In person.

01^st March, 2018

DECISION

P KAUMBA, Magistrate: Onthe 4^thof January 2018 the Defendant was taken into custody by police and was charged for being unlawfully of premises of one Joan Kay under section 20 of the Summary Offences Act. The defendantpleaded not guilty to the charge on the 6^th of February 2018 and the case was set down for trial on the 1^stof March 2018 and her bail was extended.

On the 1^st of March 2018 the police prosecutor did not appear with her witnesses and Mr Gitene appeared for her and applied to have the information withdrawn.

ISSUE.

1. Can the District Court allow the Police Prosecution to withdraw the charge?
2. Does the District Court have power to dismiss a case for want of prosecution?
   

RELEVANT LAW.

DISTRICT COURT ACT.

124 ABSENCE OF COMPLAINANT.

If on the day and at the place appointed by a summons for hearing and determining an information of a simple offence or indictable offence triable summarily-

(a) The defendant attends voluntarily in obedience to the summons or is brought before court by virtue of a warrant; and
(b) The complainant having notice of the day and place, does not appear by himself or by his legal representative,

the court shall dismiss the information unless for some reason it thinks proper to adjourn the hearing to some other day.

I can allow the police to withdraw the charge because it is their case and they have all the right to withdraw it but the case was set for trial today so on hearing day I can use my power under section 124 District Court Act(supra) to dismiss it. I believe that is the appropriate thing to do here.

The information is dismissed for want of prosecution pursuant to section 124 of the District Court Act(supra) and the Defendant is discharged. Defendants bail monies be refunded forthwith.

.
Counsel:

Lawyer for the Informant, Police Prosecutor- Senior Constable Joyce Kundi.

Lawyer for the Defendant, In person.