240820BUKA DISTRICT COURT DISCHARGES ACCUSED BECAUSE OF NO EVIDENCE
NEW DAWN FM NEWS
The Buka District Court had to strike out one serious court case because the accused was locked up for six months with Police not preparing court files for this case over the last seven months.
A Jeffrey Rumits 44 years of Tuhus village in Haku was to stand trial for sexually penetrating a victim without her consent at the village on February 28th, 2020 thereby contravening Section 347(1) of the criminal code act.
The defendant first appeared before committal court on March 2nd, 2020 and the matter was adjourned to April 3rd, 2020.
On April 3rd the matter was further adjourned to 22nd May, 2020.
On 22nd May the Prosecution informed the court that the defendant was still in Bekut and his file wasn’t ready.
The matter was further adjourned to 26th June, 2020.
On 26th June the defendant appeared from custody and the prosecution further requested the court for adjournment to 31st July as files were still not ready.
On 31st of July the defendant appeared and the prosecution informed the court there were no information on the status of investigations on this case and because of the seriousness of the case the court granted another adjournment to August 17th, 2020.
On 17th August the defendant was not brought from Bekut CS and the matter was further adjourned to 21st August, 2020.
On 21st August 2020 the defendant appeared from custody and the prosecution informed the court that there was still no information from the investigation officer on the status of the matter.
The matter was adjourned to today Monday August 24th, 2020 and the court ordered that the investigation officer to appear before the court to explain to the court the reason for all these delays and that no court file was ready after five months.
Today Monday August 24, 2020 the Investigation officer failed to appear despite she knowing the case as she was informed by the prosecutor.
Based on the above reasons the Senior Magistrate BRUCE TASIKUL had to strike out this case and discharge the defendant from custody.
The Magistrate stressed that as soon as a person is charged investigation must commence because if they are held for too long in custody, then it is a breach of their constitutional rights.
Ends
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