Wednesday, February 23, 2011

Yasause refused bail



FORMER executive director of the office of climate change Dr Theo Yasause’s application for bail has been refused yesterday by the Waigani National Court, The National reports.

Yasause, charged with the murder of former rugby league star Aquila Emil, is in remand at Bomana prison.

Justice Ere Kariko refused the bail application on the basis that there was insufficient evidence on the grounds pleaded in the bail application by Yasause and his lawyers.

In Yasause’s application for bail, he claimed he was innocent and blamed the print media for painting a bad picture of him as the suspect in the killing.

He claimed the media publicity had forced him to surrender to police that resulted in him being arrested and remanded.

He also claimed that his first visit to the prison was a nightmare, as he was subject to intimidation, harassment and abuse by Correctional Services (CS) officers.

He claimed that he was at one stage stripped naked by three CS officers and was assaulted and booted on his private parts, adding that he was subject to continuous ill- treatment and was in fear for his life.

Yasause further submitted that the welfare of his family would be jeopardised since he was the sole provider as well as his consultant firm, which assisted landowners in the negotiation process of the LNG project, would collapse if he remained in prison.

However, Kariko found most of Yasause’s grounds in the application to be too general, since there was no medical report provided on the allegations of assault, there were no photo evidences on the assault which Yasause said he would show the court and he failed to specify which landowner groups he was assisting.

He said the constitution did allow bail for wilful murder for exceptional circumstances, but Yasause’s case was not such, adding that a family and business can suffer as a result of a crime.

Yasause, 43, from East Sepik’s West Yangoru is married with four children.

Kariko also said assault on any remandee by CS officers was a serious matter that could be pursued in court by the aggrieved.

He said no remandee was to be mistreated or assaulted regardless of their crime, given that they were already in the hands of the law when they enter prison, which is their punishment.

Kariko said remandees had the right to file proceedings against CS officers who assault them.


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