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State v Ling [2016] PGDC 7; DC3013 (11 February 2016)

DC3013

PAPUA NEW GUINEA

[In the District Court of Justice sitting in its criminal (Committal) Jurisdiction]

Cr No 08-10 of 2015

BETWEEN

STATE

V

KEITH LING
Defendant

BUKA: B.TASIKUL
11^th February,2016

CRIMINAL LAW: Ruling on whether there is sufficient evidence to commit defendant to stands trial in the National Court. Function of the committal Court.

CASES CITED:
State V Paul Kundi Rape [1976] PNGLR96

REFERENCE:
Nil

Appearing for the defendants: in person
Appearing for the Prosecution: Sergeant Florence Nohu

RULING ON COMMITTAL PROCEEDING

1. B: TASIKUL PM: You have been charge with two counts under the Criminal Code Act. The first charge is between June 2014 and May 2015 at Sankamap Exports Limited, in Buka you being employed by Sankamap Exports Limited as a payout clerk, did stole money totaling K168,120.00 which came into your possession on account of your employer. The second charge is between June 2014 and May 2015 at Sankamap Limited, Buka you did dishonestly apply to your own use the sum of K168, 120.00 the property of Sankamap Exports Limited. You were charge under section 372 (7) (b) and section 383A (1) (a) of the Criminal Code Act, chapter 262, respectively.
   
2. Before deliberating on my ruling on your matter I wish to states briefly the background of your matter as per police statement of fact. After you committed these offences you pled Buka to Kokopo, East New Britain. You were then apprehended in Kokopo and charge. You appeared before the Kokopo District Court on the 05^th of August, 2015. The Kokopo District Court then ordered that your matter be transferred to Buka District Court for mention on the 11^th of August, 2015.
   
3. On the face of the court record a warrant to convey accused person before a District Court at the place in which the offence is committed was issued on the 05^th of August,2015.You were then granted a K2,000.00 bail by the Kokopo National Court on the 07^th of August,2015.
   
4. Upon the receipt of your court deposition in Buka your case was mentioned on the 11^th August, 2015. You failed to appear before the Buka District Court to answer for your two charges. The matter was adjourned to the 18^th September, 2015.Again on the 18^th September, 2015 you failed to appear. The matter was further adjourned to the 16^th October, 2015. On the 16^th October, 2015 you still did not appear before the District Court. The matter continued to adjourned to the 21^st October,2015, On the 21^st October,2015 your case was adjourned sine die or in definitely without a date.
   
5. The matter was then reset for mention on the 25^th January, 2016. This is when the prosecution applied for a warrant of arrest. A warrant was issued by the District Court and it was executed by the police where you were arrested and brought to this court on the 10^th February, 2016.
   
6. The prosecution submitted to Court that your file has been completed and were served toyou on the 10^th February, 2016.They also tendered to court the copies of the same file. I stood over the matter to the 11^th February 2016 for ruling.
   
7. However, before my ruling it is important to put on record that there are speculation or some whispering that your lawyer has made an application to the National Court in Kokopo to stay the District Court proceeding. Whether that is true or not, this Court has not been served with such orders. Nor there is no record on the face of this court any records for any such order(s). If there is any truth that there was an stay order issued by the Kokopo National Court, then your lawyer has failed his or her duty to you as a client to effect the service of the stay orders to my court.
   
8. Without being served with any orders from the higher court, there is no evidence before me that a stay order was issued by the National Court in Kokopo. On this reason I will proceed and hand down my ruling on your cases.
   
9. I am satisfied that you have been served with copies of the investigation files by the police in whom copies were tendered to this court for its consideration.
   
10. I have the benefit of reviewing the evidence that was tendered before me by the prosecution.
    
11. As a committal Court my function is to consider the evidence presented by the police and decide whether or not there is sufficient evidence to commit you to stand trial in the National Court.(see State v Paul Kundi Rape [1976]PNGLR 96.
    
12. I now ask myself this question; whether or not the evidence adduced by the prosecution is sufficient to commit you to stands trial at the National court of Justice.
    
13. According to the evidence presented by the State, police obtained statements from thirteen (13) witnesses, including a record of interview, and other documentary evidence such as bank statements.
    
14. I do not wish to go through all of the statements by the witnesses, in detail.
    
15. It was alleged that between June 2014 and May 2015 you were employed by Sankamap Exports Limited as a Copra Cashier Clerk. Your role and responsibilities with the company was mainly concerned with paying cash to copra farmers. You were in charge of the company cash floats.
    
16. It was alleged that during the cause of your employment you stole different amount of the company’s money and use it for your personal use. You did that by falsifying several copra acceptance sheets whereby you made payment to it and pocketed the money. You then on several occasions depositsome that money to your own account and of your mother and sister.
    
17. You also purchase a 15 seater bus in Kokopo which you registered it under your name.
    
18. I noted from the record of interview with the investigation officer you admitted stealing from your employer. Base on your admission and on your confessional statement I am satisfied that there is enough evidence before me to commit you to stands trial in the National Court.
    
19. I hereby commit you to stands trial before the National Court sitting here in Buka during the first call over of the National Court sitting sometimes in February or March 2016. I will extend your K2000.00 bail and the warrant of Arrest is discharge.