-Magistrate releases most of people arrested during curfew
-Police has no clue what to charge them with
BY JENNIFER KUSAPA
FIFTY-EIGHT of the 63 people arrested for breaching the Friday-Saturday night curfew have allowed to walk free by the court.
Chief Magistrate Emma Garo sent them home because there was no charge filed to the court against them by police and prosecution.
Magistrate Garo said since there was no charge filed to the court regarding the accused the court has no power to preside over their case.
She said that she is making the order as the Chief Magistrate in sending the people back, but if police and prosecution file charges to the court, their cases can be called back, because a criminal process can only be triggered when charges are filed and a magistrate’s signature on the charges.
Garo said the accused were around the court premises from 9am to 2.30pm without any charges prepared and filed.
Meanwhile, out of the total 63, only five have been charged.
Three pleaded not guilty to the charges while two entered guilty pleas on Tuesday 14th April.
However sentencing of the two accused who entered guilty pleas will be stayed awaiting the court to decide on the legal issues that was raised in court.
Public Solicitor Horward Lawry raised yesterday some legal issue regarding the validity of the curfew in which court has requested both the prosecution and defence to file submission regarding the issues raised in court.
Hearing of submissions from lawyers regarding the legal issues raised will be made in court today.
The three who entered not guilty pleas were released on bail with principal bail of $500 each and condition that while on bail they must keep the peace.
Public Prosecution Office appears for the crown in court.
