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Police v Langa [2018] PGDC 23; DC4003 (2 March 2018)

DC4003
PAPUA NEW GUINEA

IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS CRIMINAL JURISDICTION

Cr 96of 2018.

THE POLICE

Informant

And

ALICE LANGA

Defendant

Goroka, P Kaumba, Magistrate

2018: February 6
March 2

CRIMINAL:

Cases Cited:
Nil

References:
Nil

Counsel:

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

Lawyer for the Defendant,In person.

2^nd March, 2018

DECISION

P KAUMBA, Magistrate:Onthe 10^thof January 2018 the Defendant was taken into custody by police and was charged for selling betelnuts under 12 (8) (a) of Betelnuts sale and chewing Control Law No 12 of 1998. The defendantpleaded not guilty to the charge on the 6^thof February 2018. The case was set down for trial on the 2^nd of March 2018 and her bail was extended.

On the 2nd 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 Prosecutor and it witnesses have failed to appear in court and this court cannot wait for them. It has other things to do so the information is dismissed for want of prosecution pursuant to section 124 of the District Court Act and the Defendant is discharged.Bail money of K100.00 to be refunded to the defendant forthwith.

Counsel:

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

Lawyer for the Defendant, In person.