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State v Mainega [2009] PGNC 41; N3627 (21 April 2009)

N3627

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO 1288 OF 1996

THE STATE

V

KAMBI MAINEGA

Minj: Makail, J
2009: 21st April

CRIMINAL LAW - Practice & Procedure - Accused charged with one count of unlawful carnal knowledge of a girl under the age of 16 - Long delay in prosecuting accused - No evidence offered against accused - Non availability of State’s witnesses - Bench warrant issued - Accused voluntarily appearing - Bench warrant revoked - Charge dismissed for want of prosecution - Accused discharged - Criminal Code - Section 216(1)(a).

No Cases cited:

Counsel:
Mr. J Waine, for the State
Ms G Appa, for the Accused

RULING ON NO EVIDENCE TO OFFER AGAINST ACCUSED

21 April, 2009

1. MAKAIL J: This is a matter where the accused stands charged before this Court on one count of unlawful carnal knowledge of a girl named, Linda Koena under the age of 16 contrary to section 216(1)(a) of the Criminal Code. He denies the charge and the State proceeded to bring evidence against him.

2. The accused was committed to stand trial before the National Court sometimes back in 1996 but for some reasons, the accused was not tried. I recall the matter was put on the bench warrant list for Minj National Court Criminal Circuit because a bench warrant was issued by the Court for his immediate arrest and detention but sometimes in the month of November 2008 when the National Court resumed sittings at Minj after a long absence, the accused voluntarily appeared and an order was made by the Court to revoke the bench warrant and the accused’s bail reinstated.

3. Today, he appears on bail for his trial but the State could not offer any evidence against him on the charge because two of the State’s witnesses namely the victim, Linda Koena and Cathy Dallie did not turn up. Their names were called outside the Court house by the Court attendant but still they did not turned up.

4. I think this case is a classical example of a criminal case that has been left unattended for a very long time and if left unattended for a very long time, like in this case, 12 years, the witnesses will not show any interest in pursuing the charge against the accused or simply disappear and the case for the State falls.

5. As the State has no evidence to offer against the accused, I order that:

1. The charge of unlawful carnal knowledge of a girl under the age of 16 against the accused under section 216(1)(a) of the Criminal Code is dismissed for want of prosecution forthwith.

2. The accused be discharged from one count of unlawful carnal knowledge of a girl under the age of 16 under section 216(1)(a) of the Criminal Code forthwith.

3. The accused’s bail monies be refunded forthwith.

Ruling accordingly.

Acting Public Prosecutor: Lawyers for the State
Public Solicitor: Lawyers for the Accused