Police v Sodi [2021] PGDC 232; DC7093 (1 November 2021)

DC7093

PAPUA NEW GUINEA.

[IN THE DISTRICT COURTS OF JUSTICE

SITTING IN ITS SUMMARY JURISDICTION]
SUMNO: 95 / 2021
IN THE MATTER BETWEEN:

POLICE/STATE

AND

PETER SODI
Defendant.

CHARGE(S): IN POSSESSION OF DANGEROUS DRUGS. SECTION 3(1)(d) DANGEROUS DRUGS ACT

VERDICT ON TRIAL.

Background.

1. The Defendant Peter Sodi is alleged to have being in possession of dangerous drugs at the time he was caught at Biru CS on the 25/09/21 by CS personnel.
   
2. This was discovered when a Pack of Marijuana /drugs was discovered on a Remandee namely Cutwell Gona and the Said Cutwell Gona revealed that the Defendant gave him the drugs, and later when the Defendant and others were searched a similarly packaged pack of marijuana was discovered in a bag in his possession.
   

Prosecution case:

3. CS Sergeant Lanceford Aire, testified to discovering the Drugs on Remandee Cuttwell Gona and being told by said Cuttwell Gona of being given the drugs by the Defendant.
   
4. They then called back the Visitors and searched then and discover a similarly packaged pack of marijuana in a bag in the possession of the Defendant.
   
5. CS Office Private Miriam Kukulele also testified to arriving at the location at which the Defendants bags were searched and the Marijuana packs revealed.
   
6. Shen initially said that she saw 3 x packs but later corrected to say only two packs admitting she was mistaken on the count.
   
7. Both witnesses admitted and insisted that the pack of Marijuana was discovered on the Defendant and thus it was his.

Defendants case.

8. The Defendant gave sworn Evidence saying he was at CS Biru on the 25/09/21 to visit his own brother whilst Walter Gona was there to visit his brother Cuttwell Gona.
   
9. He said that the bag in which drug is discovered belongs to Walter Gona given him to carry in his big marketing bag after they checked into the CS premises.
   
10. He however admitted that he knew of the Drugs being carried by Walter Gona that day, yet he allowed Walter to chuck the bag to him to carry for him.
    
11. When the Drug was discovered in his bag, he said he was assaulted by the CS Personnel and so could inform them that the bag actually belonged to Walter Gona.
    
12. Observations /Assessments. Having heard the evidence in this trial I make the following observations and assessments;
    
13. In the final Analysis, the Court finds and Rules as follows that;
    
    1. Section 3 of the Dangerous Drugs Act reads;
       

3. PRODUCTION, ETC., OF DANGEROUS DRUGS.

(1) A person who knowingly–

(a) cultivates a plant from which a dangerous drug can be made; or

(b) makes a dangerous drug; or

(c) exports a dangerous drug; or

(d) is in possession of or conveys a dangerous drug or a plant or part of a plant from which a dangerous drug can be made,

is guilty of an offence unless he is authorized to do so by or under some other Act.

Penalty: Imprisonment for a term of not less than three months and not exceeding two years. (2) An offence against Subsection (1) is punishable on summary conviction.

2. The Defendant admitted in cross examination of knowing that Walter Gona was carrying drugs in his bag, yet chose to carry the bag for Walter Gona.
   
3. Even if he had been able to tell the CS Officers that the bag belonged to Walter Gona, maybe Walter Gona could have being also charged but by Section 3 of the Act, Peter Sodi would still be charged as he was meekly and humbly carrying this bag for Walter Gona like a Servant.
   

14. Accordingly, the Court will order as follows;
    
    1. The Defendant is found Guilty as Charged that on the 25/09/21 at Biru CS Installation in Popondetta Northern Province, the Defendant without Lawful Authority had in his possession dangerous drugs namely Marijuana from which Cannabis Sativa can be extracted.
       
    2. Defendant is convicted as such.
       
    3. I will now Administer Allocution.

Police Prosecutions for the Defendant.

Defendant in Person.