Police v Jacob [2018] PGDC 21; DC4007 (1 March 2018)

DC4007
PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS CRIMINAL JURISDICTION]

Cr 67Of2018.

THE POLICE

Informant

AND

WEYANO JACOB

Defendant

Goroka, P Kaumba, Magistrate

2018: February 8
March 1

CRIMINAL LAW:

Cases Cited:
Nil

References:
Nil

Counsel:

Lawyer for the Informant: Police Prosecutor,Senior Constable MelaniUwano

Lawyer for the Defendant: In person.

1^st March, 2018

DECISION

P KAUMBA, Magistrate: Onthe 21^st of January 2018 the Defendant was taken into custody by police and was charged for knowingly in possession of drug namely Marijuana 96 rolls without any authorization made thereunder under section 3(1) of the Dangerous Drug Act. The defendantpleaded not guilty to the charge on the 26^th of January 2018 at 9.00am and the case was set down for trial on the 29^th of January 2018 and the defendant was remanded in Correctional Service custody. On the 29^th of January 2018 the court noted that police need more time to organise their arresting officer and witnesses who are based in Watabung,Daulo District to appear in court so the trial date was vacated and a new date of 8^th of February 2018 was given. On the 8^th of February 2018 the police prosecutor and defendant were not in court so the trial date was vacated and the case was stood-over to the 12^th of February 2018.

On the 12^th of February 2018 the Police Prosecutor and defendant were not in court in the morning so the case stood over to the 13^th of February 2018.

On the 13^th of February 2018 there was no appearance of prosecutor taking carriage of the case so it was stood over to the 14^th of February 2018 for mention.

On the 14^th of February 2018 Sergeant Bonki appeared for Police and OIC of the case Ms MelaniUwanodid not ]appear so the case was stood over to 16^th of February 2018 at 900am and Mr Bonki was directed to advise Ms.MelaniUwano to appear in court on the adjourned date.

On the 16^th of February 2018 Ms MelaniUwano did not appear and Mr Gitene of police prosecution was advised to tell Ms MelaniUwano to appear in court on the 28^th of February 2018 and case was adjourned to the said date.

On the 28^th of February 2018 Ms MelaniUwano did not appear in court in the morning so it was stood down to the afternoon. In the afternoon the PoliceProsecutor did not turn up in court so the case was adjourned to the 1^st of March 2018 at 9.00am.

On the 1^st of March 2018 the Police Prosecutor did not appear in court.

ISSUE.
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.

The Police have the resources of the state at their disposal and this court cannot wait for them. The case was set down for hearing twice and each time police did not have witnesses to prove the charges against the defendant which is not good. The information is dismissed for want of prosecution pursuant to section 124 of the District Court Act and the Defendant is discharged forthwith.

Counsel:

Lawyer for the Informant: Police Prosecutor, Senior Constable MelaniUwano.

Lawyer for the Defendant: In person.