Magistrate refuses police bid

By LIBERT SANGUNDI
A MAGISTRATE has refused a police prosecutor’s application to have a suspect remanded after he was released from custody by the cell guard.
Magistrate Paul Puri Nii, presiding in a Committal Court in Waigani last week, refused the application from police prosecutor Sgt Peter Samghy because it was an “administrative failure by police”.
“Someone went ahead and entertained the suspect on personal resort and released him. To me, that is administrative abuse on the part of the police,” Magistrate Nii said in his ruling in the case of Jack Palaru.
“Because of this reason, the application for the suspect to be remanded is refused, but the suspect has to pay a bail of K500.”
Samghy, in his application, told Magistrate Nii that Palaru allegedly misled the cell guard with one-sided facts and was released.
“The suspect has two cases. He is the complainant in the another case,” Samghy said.
Palaru’s lawyer said to have his client remanded after being released would be an abuse of police administrative process because he was released by police.
Police alleged that Palaru, 37, from Polio village in Southern Highlands, sold a house belonging to Kalista Issac at Nine-Mile in Port Moresby, on July 27, 2017.
Palaru, without the owner’s consent, allegedly sold the house for K20,000 to another person.
He was then arrested and charged with obtaining property through false pretense.
The matter returns to court on July 31 for mention.