The Waigani District Court has delivered a precedent-setting ruling affirming its authority to vary bail conditions, including granting permission for overseas travel, despite objections from the Independent Commission Against Corruption (ICAC).
In dismissing ICAC’s challenge, Magistrate Paul Puri Nii ruled that the District Court retains jurisdiction to amend bail conditions where it was the court that originally granted bail.
The decision arose from an application by former Kandep MP Don Pomb Polye, represented by lawyer Edward Sasingian of Sasingian Lawyers, who sought approval to travel overseas for educational and medical reasons ahead of his next court appearance.
ICAC argued that under Section 23 of the Bail Act, only the National Court could authorize overseas travel. However, Magistrate Nii rejected this interpretation, describing the objection as “misconceived.”
He held that the word “may” in Section 23 is permissive rather than mandatory, meaning it offers an option to apply to higher courts but does not remove the District Court’s powers. The magistrate further relied on Section 20 of the Bail Act, which allows bail variations to be heard by a court not lower than the one that granted bail.
The court subsequently approved Polye’s overseas travel, on condition that he returns to Papua New Guinea by February 16, 2026.
The ruling is expected to guide future bail variation applications and reinforce the authority of District Courts under the Bail Act.
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