Saturday 1 June 2024

Know your rights and limitations under PNG laws

 Many of us know little about our rights and how to form cases to present to police or assist our lawyers put together a strong court case.

From the outset, you must know that courts rely on facts, evidence and law to make decisions that are impartial.

AI generated image of a PNG police officer 



File photo: Lawyers walking out from Waigani National and Supreme Court

But there  are procedural approaches that you and I must know and appreciate. We need to comply or else we face charges.

In this write up, I focus on perverting the course of justice.

It is a very serious offence under the criminal code act (CCA).

If you lay a police complaint against someone and the process of arrest and prosecution before court have begun, do not negotiate to withdraw the case. I repeat do not withdraw the case, it would be deemed perverting the course of justice and the court and police can charge you for that.

Magistrate Paul Nii at the Waigani Committal Court has warned a complainant who has decided to withdraw a case after some payments were received from the accused that it was wrong and police and courts can charge the complainant for perverting the course of justice. 


The police arresting officer who was also in court told the court the complainant was not helpful to bring evidence and a file can be prepared for prosecution.


Magistrate Nii said police should carefully analyse the intent of complaints before effecting arrests.

Some complainants want to use the system to threaten the accused and receive what ever award they are after.


He said this should not be entertained.

The next scenario, if you have a registered police complaint against you, do not go and file a complaint against the complainant again.

That would be deemed an attempt to pervert the course of justice and you can be arrested and charged. 


Just allow the process to fully complete and then you can file your case.


This is very important.


If you find this information helpful, you can comment below or email pngmediaproduct@gmail.com


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