The Secretary for the Department of Justice and Attorney General, Dr Eric Kwa was charged this afternoon at the Boroko Police Station for Dangerous Driving causing Death.
National Capital District’s Metropolitan Commander, Silva Sika said the charges fall under section 328, subsection 2 and subsection 5 of the Criminal Code Act.
- DANGEROUS DRIVING OF A MOTOR VEHICLE.
(2) A person who drives a motor vehicle on a road or in a public place dangerously is guilty of a misdemeanour.
(5) If the offender causes the death of or grievous bodily harm to another person he is liable on conviction on indictment to imprisonment for a term not exceeding five years.
Sika explained that this is usual process for arresting a person alleged to have committed a crime.
“He is still innocent until proven guilty. Everything will be determined by the court but it’s just a due process that we have to follow. Every one of us is subject to the law regardless of our status in the community.”
Bail has also been refused for PNG’s top lawyer.
“Because of the severity of the offence he has committed under the Criminal Code Act, bail has been refused.”
Bail will now be determined by the National Court.
In a press conference hosted by the NCD police boss following the arrest, police acknowledged Dr Kwa’s understanding of the legal process.
Dr Kwa will appear at the Waigani Traffic Court for his court hearings.
If found guilty, Section 328, subsection 2 of the Criminal Code Act also states that the penalty will include;
On summary conviction–a fine not exceeding K200.00 or imprisonment for a term not exceeding six months, or both.
On conviction on indictment–a fine not exceeding K1,000.00 or imprisonment for a term not exceeding two years, or both.
On the 17th of October 2022, Dr Kwa and some of his staff were involved in a car accident along the Hiritano Highway.
They were enroute to Bereina Station for official work with Constitutional and Law Reform Commission.
Kwa had alleged that the accident was planned and that they were attacked by another vehicle.
While Dr Kwa and his other officers recovered from their injuries, they lost a female colleague.
Dr Kwa was (allegedly) driving the vehicle.