Judge slams delays, releases Alotau 2019 unrest duo

The National Court has ordered the release of Kelly Haoda and Asigau Jack, whose prolonged detention without trial was ruled a violation of their human rights.

Justice David Cannings criticized the Public Prosecutor’s Office for delays in prosecuting serious charges, stating, “The delays in this case are unacceptable.”

Haoda and Jack were arrested in February 2019 for the Alotau unrest, involving three deaths and destruction of property, including a police barracks.

Charged with wilful murder, arson, armed robbery, and other offences, they were committed for trial on December 2019.

Though acquitted of wilful murder in 2022, they remained in custody for over two years awaiting trial on six other charges. The State opposed their release, citing public interest in prosecuting the unresolved charges.

Justice Cannings said the duo are owed constitutional protections for a fair trial within a reasonable time, citing breaches of sections 37(1), 37(3), and 42(5).

“The applicants have been in remand for nearly six years without a trial date. This violates their right to the full protection of the law,” he said.

He criticized the Prosecutor’s Office for failing to prioritize the case, dismissing claims that administrative delays were to blame.

“It seems the case was simply forgotten,” Justice Cannings noted.

Acknowledging public concern over holding offenders accountable for the 2019 violence, Justice Cannings stressed, “People must not be detained for an unreasonably long period of time without a full and fair hearing.’”

He further quoted from a similar criminal case in Madang where seven accused charged with wilful murder, were in custody for 11 months without trial, stating: “I must comment here that there are two sides to justice. There is the need to bring wrongdoers to justice. This requires the efforts of the people involved as witnesses or complainants and the authorities.”

“I emphasise that it is the responsibility of the police to take all steps necessary to bring law breakers to justice. Then there is the other side that justice must be seen to be done and human rights must not be infringed.”

While, Haoda and Jack’s release is subjected to conditions set in a subsequent hearing, Justice Cannings has urged authorities to prevent similar or systematic delays, stressing the importance of prosecutorial diligence and human rights protection.