Felix Kange, the lawyer accused of murdering his wife, has asked the Waigani Committal Court to withdraw a second charge against him; the charge of Escaping from Lawful Custody.
Kange told the court it would be difficult for police to prove his escape.
The application was made on the ground that the term ‘prisoner’ does not apply to Kange.
The court heard that under the Criminal Code Act the charge Escaping from Lawful Custody applies to a person who escapes from custody, regardless of whether he is a convict or an accused.
Police alleged that Kange escaped from custody while he was detained at the Waigani Holding Cells.
In court yesterday, Kange’s lawyer, Fredrick Lunge, submitted that the charge be withdrawn because Kange was not yet a prisoner of the state, but instead a detainee.
However, Magistrate Cosmas Bidar explained that the charge Escaping from Lawful Custody does not necessarily apply to prisoners.
39-year-old Kange is accused of murdering his wife, Regina Morove, on May 14 at their family home in Port Moresby.
His application for bail was refused by the Waigani National Court because of the seriousness of the charge.
He is detained at the Waigani Holding Cells.
A decision on this submission will be handed down when the case returns to court on August 11.