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Police v Gene [2022] PGDC 115; DC9052 (14 November 2022)

DC9052

PAPUA NEW GUINEA
IN THE DISTRICT COURT OF JUSTICE
[Committal Jurisdiction under Section 95 of the District Court Act]

NCC NO 642 OF 2022
CB NO 497 OF 2023

THE POLICE

V

AURI GENE

Waigani: Nii, Puri. Paul Magistrate
2022: 14^th November

CRIMINAL LAW – Personating Public Officers, Criminal Code, s 97(1)(b) – assessment of evidence– whether there is evidence of accused Impersonation – whether there is evidence of accused falsely represented himself to be a person employed in the Public Service, and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of that employment

The accused was charged with one count of Impersonation under s 97(1)(b) of the Criminal Code Act. The Accused who was the subject of this offence was on 22^th February 2022, between 5pm and 5.30pm was in full police uniform and was attending to complainants at Gerehu Police station. Members of the Police internal affairs then arrested the accused and charged him because all the reserve police officers were stood down and thus accused was illegally presenting himself to be a police officer. Prosecution during submission on evidence argued evidence was sufficient to commit the defendant but the accused argued that evidence against him was insufficient and hearing on evidence was shown.

Held:

(1) The three elements of the offence of Impersonating are that the accused: (a) falsely represents himself to be a person (b) employed in the Public Service, and (c) assumes to do any act or (d) to attend in any place for the purpose of doing any act by (e) virtue of that employment.

(2) All the elements are uncontentious given the suspect’s whole admission that he was a police reservist.

(3) Evidence shows defendant was a reservist until 2 September 2020.

(4) After 2 September 2020 to the date of allegation the defendant was not a member of the reserve constabulary.

(5) The accused was illegally conducting police business at Gerehu police station.

Cases cited

Nil

The Laws

The Criminal Code Act
The District Court Act

Counsel

Chris Iga, for the State
Defendant, Accused in person

14^th November, 2022

1. NII, P. P Magistrate: The accused, Auri Gena, is charged with two counts of Impersonating as police officer under s 97(1)(b) of the Criminal Code Act. The accused was then arrested and charged for illegally conducting police work.
2. Police allege that the accused aged 48 years and from Gumini district was on 22^nd February 2022 was conducting police work by attending to complaint’s at Gerehu police station. However, he was arrested by police because they allege he was not a police man.
   
3. The charge on the police information reads:
   

“By falsely presenting himself to be a police officer, did wear a police uniform and attending to Complainants at Gerehu police station when he was not a police officer”

4. The accused disputed the allegation and the police evidence through a submission filed and tendered to court and hearing on evidence was conducted and concluded on 10^th December 2022.
   

UNDISPUTED FACTS

5. Defendant was attending to Complainants at Gerehu Police station.
   

DISPUTED FACTS

6. The Accused denied he was still a police officer.
   

JURISDICTION OF THE COMMITTAL COURT

95. Court to consider whether prima facie case.

(1) Where all the evidence offered [i]on the part of the prosecution has been heard or received, the Court shall consider whether it is sufficient to put the defendant on trial.

(2) If the Court is of opinion that the evidence is not sufficient to put the

defendant on trial for an indictable offence it shall immediately order the defendant, if in custody, to be discharged as to the information then under inquiry.

(3) If the Court is of opinion that the evidence is sufficient to put the defendant on trial for an indictable offence, it shall proceed with the examination in accordance with this Division.

OFFENDING LAW

7. Section 97(1)(b) of the Criminal Code Act states:

PERSONATING PUBLIC OFFICERS.

(1) A person who–

(b) falsely represents himself to be a person employed in the Public Service, and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of that employment,

is guilty of a misdemeanour.

8. The accused has been charged under section 97(1)(b) thus the effect of section 97(1)(a) shall not be considered. In deliberation to the assessment of evidence under Section 95 of the District Court Act, I am implementing the breakdown of the elements of the offence under consideration pursuant to s 97(1)(b) as follows:
   

a) A person who

b) falsely represents himself to be a person

c) employed in the Public Service,

d) and assumes to do any act or to attend in any place

e) for the purpose of doing any act by virtue of that employment

ISSUES

9. As the accused denies all the five elements of the offence, they form the questions for consideration:
   

1. Was the accused identified?

2. Did the accused falsely represented himself to be a person

3. Employed in the Public Service?

4. Did the accused assume to do any act or to attend in any place?

5. Did the accused for the purpose of doing any act by virtue of that employment?

issue 1: was the accused identified?

10. The accused was identified and the accused also admitted that he was present at the Gerehu Police station.
    

Issue 2: Did the accused falsely represent himself to be a person.

11. Evidence shows the defendant was seen at Gerehu police station in full police uniform and hence he falsely presented himself to be a policeman.
    

Issue 3: employed in the Public Service?

12. Evidence shows at the time of allegation; the accused was not a policeman but conducting himself to be a policeman or someone one who was employed in the public servants.
    

Issue 4: Did the accused assume to do any act or to attend in any place?

13. Defendant pretended to be a policeman and attended to complaints.
    

Issue 5: Did the accused for the purpose of doing any act by virtue of that employment?

14. The defendant solicited money and possessions from a Complainant.
    

State witness

15. The state witnesses are policemen who went and apprehended the suspect. They all claim the suspect was conducting police work and in full police uniform without any authority.
    

Evidence for the defence

16. The accused argued that he was a member of the police reserve constabulary and was lawfully in the police station doing police work.
    
17. Defence also says he was unaware that he was stood down since the minute for his removal did not reach him.
    

Failure by the defendant to justify his act

18. Defendant was requested to bring evidence from his current bosses to confirm that he was a member of the police reserve constabulary but on three occasions failed to produce the same.
    
19. There is no evidence from the defendant that he was a police reservist at the time when he was arrested.
    
20. No evidence that all the reservist was recalled after stood down from operation effective in September 2020.
    
21. This now leads me to make a prima facie case under Section 95(1) of the District Court Act.
    

CONCLUSION

22. On 2^nd September 2020, the members of the reserve constables were stood down. From the date of standing down of reserve to the date of the allegation, the accused was illegally performing his duties. There is no evidence that the reserve was recalled. In the assessment of evidence, I am satisfied, there is prima facie evidence connecting the accused to the allegation. The one count of information must be sustained.
    

RULING

23. AURI GENE, having been charged with the offence of one count of Falsely Representing under Section 97(1(b)) of the Criminal Code Act, there is prima facie evidence against the accused and the charge is sustained, bail is extended.

_____________________________________________________________
Police Prosecutor: for the State
Defendant: Accused in person

[i] The word "on" has been editorially inserted.