The State v Joseph Waine, Jack B'sour and Matilda Kupul (2002) N2276

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [2002] PNGLR 469
• Date: 29 August 2002
• Year: 2002

Full Title: The State v Joseph Waine, Jack B'sour and Matilda Kupul (2002) N2276

National Court: Jalina J

Judgment Delivered: 29 August 2002

1 Contempt—Contempt of Court—Lawyers failing to appear on time for cases listed in advance for trial—Lawyers living out of town and traveling to work by public transport—No effort by lawyers to advise the court of possibility of appearing in court late—whether it seriously interfered with or obstructed the fair administration of criminal justice.

2 David Gwaya Poka v The Independent State of Papua New Guinea [1988] PNGLR 218, Weston v Central Criminal Court Court's Administrator [1977] QB 32, Re Passingan Taru [1982] PNGLR 292, The State v Mark Taua; Re Awaita [1985] PNGLR 179, The State v Raymond Tupundu (1996) N1536 and Kwimberi v The State SC545 referred to

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Jalina J: The three (3) contemnors are lawyers who are based in Mt Hagen. The first two, namely Joseph Waine and Jack B'Sour are employed by the Office of the Public Prosecutor while Matilda Kupul is employed by the Office of the Public Solicitor.

Sometime last month (July) Hinchliffe J, the Resident Judge in Mt Hagen listed both civil and criminal cases for trial before Batari J as he was to be the only judge on circuit to Mt Hagen in August.

Upon approval from the Chief Justice I arrived in Mt Hagen on 5 August to be the second circuit judge to Mt Hagen. Hinchliffe J, who was partly relieved from court sitting's to write outstanding judgments, then arranged through his associate for the lawyers in the Public Solicitor's and Public Prosecutor's Offices to prepare criminal cases to be tried before me. So the case of The State v Baltasar Koi Las CR 860/99 was listed for trial on 12 August at 9.30am and the case of The State v John Yandapu CR 1581/2001 was listed for trial on 13 August at 9.30am.

Due to Batari J being stranded in West New Britain as a result of the Mt Pago volcanic eruption near Hoskins airport, I took over civil cases which were to be tried before him. His Honour arrived the following week but due to the urgency of a case involving the South Waghi Local Level Government Election I could not start the criminal case listed for trial on Monday 12 August so it was adjourned to Tuesday 13 August.

On 13 August I went into court at about 9.45am but there was no lawyer from either the Office of the Public Solicitor or the Office of the Public Prosecutor present in court. I then adjourned. When I returned to court at about 10 am I found the three (3) contemnors in court and charged them with contempt in the face of the court in that they failed to appear on time in criminal matters that were listed in advance for trial. They were then remanded in custody to appear the next day...