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State v Nipil [2013] PGNC 324; N5193 (8 February 2013)

N5193

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR 81 OF 2011

THE STATE

V

EVA NIPIL

Popondetta: Toliken, AJ.
2013 : 08th February

CRIMINAL LAW – Practice and procedure – Accused died before trial – Public Prosecutor declines to lay charge – Deceased discharged post humus - Criminal Code Act Ch. 262, s 525(1)(b).

Cases Cited in this Judgment:
Nil

Counsel:

J.W. Tamate, for the State
L. Mamu, for the State

JUDGMENT

08th February, 2013

1. TOLIKEN AJ. The accused Eva Nipil was committed to trial by the District Court at Popondetta on the 12th of November 2010 for one count of stealing contrary to Section 372 (1) of the Criminal Code Act Ch. 262.
   
2. During the call-over (04th of February 2013) Mr. Mamu informed the Court that the accused had passed away. He moved for the matter to be stood over to today for him to secure the accused's Death Certificate.
   
3. Mr. Tamate for the State did not object to the application and said that they will file the appropriate declaration under Section 525 of the Criminal Code Act once the necessary documents are served on him.
   
4. Mr. Tamate now informs the Court that he has been served with a copy of the accused's Death Certificate. He hands up a copy to the Court.
   
5. Mr. Tamate formally presents a DECLARATION THAT A CHARGE WILL NOT BE LAID against the deceased pursuant to Section 525 (1) (b) of the Code.
   
6. Mr. Mamu moves for the deceased to be discharged post humus and that her bail and guarantors' cash surities to be refunded.
   
7. Hence, upon the Public Prosecutor having declined to lay a charge I hereby order that the deceased be discharged (post humus), and that her bail monies and her guarantors' cash surities be refunded.
   

Orders accordingly.
_____________________________________________________________
The Public Prosecutor: Lawyer for the State
The Public Solicitor: Lawyer for the Accused