Papua New Guinea’s sidelined Secretary for Justice Dr Eric Kwa has been acquitted by the committal court on allegations of dangerous driving causing death.

He was discharged on Thursday because there was insufficient evidence to support the charge.

Police had alleged that he had driven dangerously causing an accident that led to the death of Lucy Shirong.

Presiding Magistrate Hilda Aipi upheld Dr Kwa’s submission that police failed to establish and provide sufficient evidence to have him tried before the National Court. She struck it out for lack of evidence.

In his submissions, Dr Kwa had disputed the allegations of dangerous driving causing death.

He had taken issues with police witness statements and evidence on grounds that the eye witness was the one who was involved in the accident on October 17, 2022, that allegedly took the life of late Lucy Shirong.

Police key witness Maiyawa Abel and his accomplice Yugu Kandea were the ones present during the time of the accident.

Vehicle overturned
Abel told the police that he was driving a Ford Ranger and stopped at the left side of the road to take a break when a white Ford passed by. The white Ford was driven at high speed and veered to the right and then to the left again, which caused the vehicle to overturn several times.

Kwa questioned the statement, saying it was not true in its entirety and argued that he had no reason to veer right because the road in question runs straight for about 3km. The conduct of the arresting officer was imprudent in ignoring Dr Kwa’s evidence that was tiven police.

He further raised issues over the autopsy report provided by Dr Seth Fose with its findings that the cause of death was acute subarachnoid hemorrhage due to blunt force trauma to the head because of the motor vehicle incident.

The autopsy report by Dr Fose is devoid of any consultation with the attending physician, and the treatment that Shirong received while she was admitted to hospital was not considered.

The medical report from the attending physician stated that the deceased was diagnosed with diabetes following her admission and the cause of death was due to complications associated with diabetes and not from any injuries, stated Kwa.

Magistrate Hilda Aipi in her determination upheld the submission by Dr Kwa and struck out the allegation for lack of police evidence.

Police prosecutor Sergeant Malot Asi hinted that the case would be handed to the public prosecutor to see if the accused had a case to answer and make a decision on whether to file for an ex-officio indictment.

Prudence Auvita Ipape is a Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz

The Papua New Guinea government’s top legal adviser, Dr Eric Kwa, has been arrested and charged on allegations of dangerous driving causing death.

Dr Kwa, the Secretary for the Department of Justice and Attorney-General, was allegedly involved in a fatal road accident that caused a death on October 17, 2022, and was the subject of a police investigation for the past three months.

He was eventually charged under the Criminal Code Act (Section 328) for dangerous driving causing death yesterday.

Police were not allowed to release him on bail yesterday because of the severity of the offence.

In a media briefing yesterday, National Capital District (NCD) Metropolitan Superintendent Silva Sika said the severity of the offence committed under the Act did not allow him to be released on police bail.

He said Kwa’s lawyers were advised to apply for a bail application at the National Court for him to be released.

‘No one above law’
“No one is above the law, and therefore, due process must be followed,” Sika said.

He said all processes had been followed and Dr Kwa had been very co-operative with the police.

“He understands the process very well since he is an intellect [sic] and that he will have to bear with the circumstances,” Sika said.

It was alleged that on October 17 Dr Kwa and his officers were travelling along the Hiritano Highway on their way to attend an official engagement with the Constitutional and Law Reform Commission at Bereina when the accident happened.

He was in the second vehicle with three of his officers, when the accident allegedly happened.

A female passenger who was part of his entourage died at the Port Moresby General Hospital from severe injuries sustained in the accident.

Others treated, discharged
The others were treated and discharged.

The matter was immediately reported to police where a complaint was lodged with several investigations undertaken.

On Tuesday, January 24, 2023, Dr Kwa received a request from Police Commissioner David Manning for a record of interview at the Police Headquarters.

On Friday, January 27, he presented himself before the police hierarchy where an initial interview took place.

• Late last night, Kwa’s lawyers managed to have him bailed out.

Republished with permission.

Article by AsiaPacificReport.nz

On the eve of Papua New Guinea heading into its 2022 national general elections, the bearer of one of the highest offices in the country has tragically died.

Deputy Prime Minister Sam Basil died in a head-on vehicle collision along the Bulolo Highway in Morobe Province on Wednesday night.

With his death, the people of Wau-Bulolo and PNG have lost a patriotic and vibrant leader, who had also been a prime ministerial hopeful.

As investigations continue from Wednesday night into the cause of the incident, police said the driver of the vehicle that collided with Basil’s told them that he had attempted to avoid fallen rocks on the Wau-Bulolo Highway when he swerved into Basil’s vehicle at Sumsum village, Bulolo.

The driver has been identified as Mathew Barnabas, originally from Madang and married to a local woman from Banglum, also in Bulolo.

Killed in the accident were Basil and his close protection officer (CPO) Sergeant Neil Maino.

Northern Command Assistant Commissioner of Police (ACP) Peter Guinness has confirmed that Barnabas had been charged with two counts of dangerous driving causing death and four counts of dangerous driving causing grievous bodily harm.

Rocks ‘blocked road’
“It is alleged that when he [Barnabas] allegedly approached a section of the highway, fallen rocks had rolled over and blocked the road, Assistant Commissioner Guinness said.

He attempted to avoid the rocks and went into the other lane when he collided with the vehicle Mr Basil was driving.”

It is alleged that the suspect had been travelling at high speed and with small rocks like gravel on the road, his attempt to avoid the collision failed when the vehicle swerved into Basil’s vehicle, ACP Guinness said.

Barnabas is currently being treated for a chest injury sustained from the accident.

“A passing PMV truck helped rush the victims to Bulolo health centre for medical treatment,” ACP Guinness said.

Police Commissioner David Manning also confirmed that Basil had been driving at the time of the accident.

“From preliminary reports, Basil was driving the vehicle and was in the company of his two close protection officers and a publicity officer,” Manning said.

“They left Bulolo around 7pm and the accident occurred around 8pm.

A tribute by PNG journalist Scott Waide.

Passing PMV helped out
“It was fortunate that a passing PMV was able to assist and transported them to Bulolo where they were received and emergency medical attention was provided.

“Unfortunately, Mr Basil suffered extensive injuries, and as to the extent of that, a post-mortem will be able to ascertain how and what caused his demise.”

Sergeant Maino was confirmed dead an hour before the announcement of the passing of Basil, Commissioner Manning said.

“It is unfortunate [that Basil] succumbed to the injuries and he was confirmed clinically dead at 11:30pm,” he added.

Three roadblocks at Gabensis were removed by police who appealed for calm.

Morobe provincial police commander Superintendent Jacob Singura said police officers from Lae had been deployed to monitor the situation in Bulolo and along the highway.

PPC Singura also said that police had removed roadblocks and barricades set up by angry locals along the highway.

“A roadblock at Markham Bridge was also removed yesterday by police and I am now calling on everyone to refrain from such activities since the incident is before the police and investigation is still ongoing,” he said.

Miriam Zarriga is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz