In the Matter of the Constitution S42 (5) and In the Matter of Yamson Vamble (1989) N743

• Jurisdiction: Papua New Guinea
• Judge: Brunton AJ
• Judgment Date: 22 July 1989
• Citation: (1989) N743
• Court: National Court
• Year: 1989
• Judgement Number: N743

Full Title: In the Matter of the Constitution S42 (5) and In the Matter of Yamson Vamble (1989) N743

National Court: Brunton AJ

Judgment Delivered: 22 July 1989

N743

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

IN THE MATTER OF AN APPLICATION UNDER S 42 (5) OF THE CONSTITUTION AND IN THE MATTER OF YAMSON VAMBLE

Lae

Brunton AJ

21-22 July 1989

CONSTITUTIONAL LAW — Constitution s 42 (5) — Unlawful detention — right to a fair trial within a reasonable time Constitution s 37 (3) — young man in custody eight months — charge of unlawful carnal knowledge — committal papers lost — substantial defence to charge raised.

Order

Applicant to be released and discharged forwith.

Counsel

Mr. Konido: for the applicant.

DECISION

BRUNTON AJ: Mr. Konido, for the Public Solicitor's Office in Lae informed me that a 20 year old man, Yamson Vamble, was being unlawfully detained at Buimo Corrective Institution. He informed me that this person had been held for some seven months, and that no committal papers were to hand. Mr. Peter of the Public Prosecutor's Office was unable to provide any information on Yamson Vamble. In accordance with s 42 (5) (a) I ordered Vamble to be brought into court and an inquiry commenced as to the legality of his detention.

On the 22 July, 1989 Vamble was brought into court and gave evidence on oath. He testified that he was 20 years old; that on the 20th of November, 1989 he was arrested and charged with the Unlawful Carnal Knowledge of a girl under 16 years of age; that he had a defence to that charge, namely that the girl "is my girlfriend and she is not a small girl"; that although granted bail of K100 by the magistrate at Bulolo of K100 cash, the police had refused to release him when his sister came to pay the bail; that on the 20th of December, 1988 he was told by the Magistrate that he would have to go to the...