In a significant development, the District Court in Waigani has temporarily withdrawn the sexual offense allegations against Goroka MP Aiye Tambua today (Thursday, July 11th).
Magistrate Paul Puri Nii ruled that the case would be sent back to the police department for reassignment by Police Commissioner David Manning.
The ruling follows concerns over disputed police evidence, necessitating a fresh investigation by a different team.
Tambua, who was present in court, left immediately after the ruling.
The court’s decision highlights serious issues within the police investigative process, as outlined by Magistrate Nii in his detailed ruling.
Investigator’s Concerns – the decision to withdraw the case was influenced by an affidavit filed on July 8, 2024, by First Constable Adriana Kamasunga, a key investigator.
Constable Kamasunga revealed that the evidence presented in court was collected by “unknown police officers”, despite her involvement in the investigation and arrest of Tambua.
Kamasunga stated that as the investigator from the Sexual Offence squad, she was responsible for compiling the Hand Up Brief.
She expressed concern that the evidence with Polic Prosecutor Chris Iga did not include material from her division, indicating that the evidence was incomplete and disputable.
However, the prosecutor submitted today to all the case to proceed.
But the court was of a different view following its consideration from disputing police evidence in the matter, with Magistrate Nii sternly emphasizing the gravity of the situation, noting that internal police conflicts were undermining the integrity of the investigation.
“A police officer is disputing police evidence and thus this is unhealthy for the police case. Police now appear to have divided interests.”
He stressed that the police force must serve the state’s interests by conducting professional, unbiased investigations.
“Police should collect independent, untainted and reliable merit-based evidence to corroborate any allegations against the offenders of laws,” Nii stated.
He then issued seven orders from the Court to “ensure justice and fairness,” on all parties involved – the alleged victim, the defendant, Tambua who is still presumed innocent until proven otherwise by a court of law, police and the State, which represents the people of PNG.
Magistrate Nii ordered that the “allegations against Tambua be temporarily withdrawn and referred back to the office of the Police Commissioner”.
He instructed the Commissioner to address the administrative issues within the criminal investigative process and to appoint a neutral investigator from the Sexual Offences squad to handle the case.
Nii highlighted the need for a proper investigation based on merit, free from internal politics.
“For the interest of justice & fairness, I will make an order that will be Justice in the circumstances.”
“The victims needed justice so does the defendant,” he stated.
The court also ordered that Tambua’s bail be refunded, and his bail obligations discharged.
The Commissioner of Police has been given the liberty to reopen the case and repeat the entire investigative process whenever deemed appropriate.
Magistrate Nii’s ruling underscores the critical need for reform within the police force administration to prevent internal conflicts from compromising the integrity of investigations.
“This is a serious issue…this is unhealthy…courts will not sort out police administrative disputes,” he said, and further urged the media present to report accurately these orders.