The State v Lucas Sasoruo [1997] PNGLR 676

• Jurisdiction: Papua New Guinea
• Judge: Sevua J
• Judgment Date: 26 September 1996
• Citation: [1997] PNGLR 676
• Court: National Court
• Year: 1997
• Judgement Number: N1494

Full Title: The State v Lucas Sasoruo [1997] PNGLR 676

National Court: Sevua J

Judgment Delivered: 26 September 1996

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

MP 592 OF 1996

THE STATE

-V-

LUCAS SASORUO

Waigani

Sevua J

16 August 1996

30 August 1996

2 September 1996

20 September 1996

26 September 1996

CONTEMPT — Contempt of Court — Lawyer — Failure to appear in Court on date requested — Interference with course of Justice — Failure to appear deliberate — Contempt made out

LAWYERS — Contempt of Court — Failure to appear as counsel on date case adjourned to at his request — Failure deliberate — Sentence — Fine of K500.00

Cases Cited

Passingan Taru [1982] PNGLR 292

Poka -v- The State [1988 PNGLR 218

Jennison -v- Baker [1972] 2 QB 52

AG -v- Leveller Magazine Pty Ltd [1979] AC 440

The State -v- Mark Tauwa; Re Awaita [1985] PNGLR 129

The State -v- Foxy Kia Tala Re Corney Winjan (unreported), 21st February, 1994

The State -v- Raymond Tupundu (unreported) 30th May, 1996

The State -v- Tana Kera (unreported) 24th July, 1996

Counsel

Ms A. Kora for State

Contemnor in person

26 September 1996

SEVUA J: The contemnor was the lawyer on record acting for one Raphael Ikupu in a bail application which was filed together with a supporting affidavit on 23 August, 1996. The application was set down for 9.30 am, Monday, 26th August, 1996. When it initially came before me that morning, the applicant appeared and Ms Annette Kora appeared for the respondent, but Mr Sasoruo did not appear. Ms Kora informed the Court that he had requested an adjournment to Friday, 30th August, 1996. The Court granted the adjournment and the applicant who had appeared from custody was informed accordingly. On Friday, 30th August, when the application came before me the second time, the applicant appeared from custody, however, Mr Sasoruo did not appear. No reason was advanced either through my Associate, or the respondent's counsel as to his failure to appear. The Court then further adjourned the application to 2nd September, since the applicant insisted that his lawyer be present to make the application. Upon granting the adjourment, I intimated that if Mr Sasoruo did not appear on 2nd September, he would be cited for contempt of court and an order for his arrest would be issued.

On 2nd September, 1996, Mr Sasoruo failed to appear and no explanation was forthcoming. His client appeared from custody, Ms Kora appeared for the respondent and the Court was ready to hear the application. The Court eventually ordered his arrest and detention at Bomana prison until 4th September, when I would deal with him. However, on 3rd September, he was escorted into Court by police and I allowed him cash bail in the sum of K500.00.

His explanation on 3rd September, 1996, were these. "I was of the view that there was a misunderstanding. I was not aware that the application was to be heard on 2nd September, 1996. My discussion with one of the female lawyers, whom I understood to be, either Ms Kora or Ms Suwae, was that, since there was no copy of the information, the application was to be adjourned sine die until I was able to obtain one from either the arresting officer or the Public Prosecutor. I would then supply copies to the respondent and the Court, then liaise with the Public Prosecutor's Office to have a date set for the hearing of the application."

I cannot find any basis for his assumption that this matter was to be adjourned sine die. In fact, Court record shows that on 26th August, the application was adjourned to 30th August. Court record further shows the Court had requested copies of the information and statement of facts. There is no record that the application would be adjourned sine die if these documents were not available.

Ms Kora, counsel for the respondent, had filed an affidavit at the direction of the Court. In her affidavit, she deposed to the following: Prior to the proceedings at 9.30 am on 26th August, 1996, she had spoken to Mr Sasoruo outside the courtroom. He had informed her that he had other matters to attend to and had requested her to ask the Court for an adjournment to Friday morning, 30th August, 1996. That was what transpired and is on record. He has not disputed this fact in his affidavit and there is no reason for this Court to reject Ms Kora's affidavit evidence.

Ms Kora further said that, after the adjournment was granted on 26th...