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Papua New Guinea District Court |
PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS SUMMARY JURISDICTION]
B. No. 2185 of 2020
CB No. 3612 of 2020
BETWEEN
THE POLICE
Informant
AND
SARAH JAMES
Defendant
Boroko: Seth Tanei
2021: 22nd of July
SUMMARY OFFENCE – Unlawfully On Premises – s 20 Summary Offences Act 1977.
PRACTICE AND PROCEDURE- Trial- Whether the Defendant was Unlawfully on Premises – Elements of the offence discussed –Elements proven –- Defendant found guilty as charged.
Cases Cited
Police –v- Timothy [2009] PGDC 99; DC953
References
Legislation
Summary Offences Act 1977
Counsel
Sergeant Wilson Golina, for the Informant
Sarah James, the Defendant In Person
RULING ON VERDICT
22nd July 2021
S Tanei: The Defendant was charged for being unlawfully on Premises contrary to section 20 of the Summary Offences Act 1977. She pleaded not guilty.
CHARGE:
ISSUES:
THE LAW
“A person who, without lawful excuse, is in, on or adjacent to any premises is guilty of an offence”
EVIDENCE
He is the Complainant in this matter. He testified that he bought that block of land at Kesi Settlement and built a house. In 2017 he and his wife invited the Defendant to come live on their property and put it on rent and they went to their home province. He said when he was in Hagen, the Defendant put the house on rent but did not send any of the rental proceeds to him and his wife. He then came back to Port Moresby in June 2020 and told the Defendant to leave but the Defendant continued to stay on the property. He then gathered elders at Kesi and told them of his intention to remove the Defendant from his house on 16th June 2020. Despite this, the Defendant still continued to stay on. He then had the Defendant arrested and charged for being unlawfully on premises on 8th October 2020.
During Cross examination, the witness maintained that he did not allow the Defendant to stay on the property.
This witness testified that he is the complainant’s nephew. On 8th October 2020, the Complainant brought the Defendant to the Police Station and the Police gave her 3 days to vacate the property. He said he witnessed prior discussions where the Complainant told her to leave the property. At the Station, the Defendant was told leave after 3 days but she did not leave. He said he saw people renting the property but he did not know why the Defendant did not send money to the Complainant. He also testified that the Complainant, Thomas Ango is the owner of the premises and that he was with him when he bought the property in 2011.
During Cross examination, he maintained that he was at the gathering where the Complainant expressed his desire to remove the Defendant from his property.
He testified that Thomas Ango owns the property at Kesi. On 16th June 2020, the Complainant held a meeting at Kesi with the elders and there and told them of his intention to remove the Defendant from his house and property because the Defendant collects rent from the property but does not send the proceeds to him and his wife. The Defendant did not move. On 8th August 2020, the Defendant was arrested.
During cross examination it was put to the witness that no one told the Defendant to leave but the witness maintained that she was told at the meeting with the elders on 16th June 2020 to leave Thomas Ango’s property.
She is the Defendant in this matter. She testified that she was invited by the complainant’s wife to look after the property in 2016. She stated that she developed the area and brought in tenants. However, she could not send money to the complainant and his wife because the house was not always tenanted. She was told to leave the property in 2016 and she left. However, when the Complainant and his wife could not find anyone else to look after the property they told her to come back in 2018. On 16th June 2020, the Complainant called a meeting with the elders of Kesi Community when he came down from Hagen. At the meeting he told everyone that he wanted the Defendant to leave his property. On 16th August 2020 the Complainant and another person came and attacked her and damaged her house and she ran away. She was arrested on 4th September 2020. She then laid a complaint at the Kipo Village Court. While the court was in session on 8th October 2020, the Complainant came with policemen and arrested the Defendant.
During Cross examination the Defendant confirmed that the property belonged to the Complainant. However, she said she needed to be compensated for the improvements she did to the block.
She testified that she is the Complainant’s cousin sister. She witnessed the Complainant and his wife bringing the Defendant in to look after their block in 2016. She also testified that she assisted the Defendant to improve the property and pull in power and water. She said when the Complainant came to Port Moresby in June 2020 she expected him to say thank you and compensate the Defendant but he did not. Instead he was angry and he told the Defendant to leave the property. He gathered the Community leaders and told them that he wanted the Defendant out of his property. When the Defendant did not move out the Complainant placed a report with the Police and the Police attended at the scene and arrested the Defendant and locked her up.
During Cross examination, this witness confirmed that the property belonged to the Complainant.
ANALYSIS OF EVIDENCE
UNDISPUTED FACTS
DISPUTED FACTS
EXHIBITS
FINDINGS
CONCLUSION
VERDICT
Lawyer for the Informant Police Prosecutions
Lawyer for the Offender: In person
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