Rape, incest laws weak, says judge

June 24, 2010- The National 

By JACOB POK

A SENIOR judge yesterday expressed disappointment over the inadequate penalty for those found guilty of committing rape and incest.
Waigani National Court’s Justice Panuel Mogish said such offences were serious and had carried a maximum penalty of life imprisonment but Parliament, in its own wisdom, cut it down to a maximum seven years. 
“For Parliament to reduce the maximum penalty from life to seven years is a huge reduction. Incest is a very serious offence and I don’t know who advised Parliament at that time to adjust the level of penalty,” Mogish said.
He said numerous calls were made over the years for Parliament to review the penalty but to no avail. Mogish said the calls for review “fell on deaf hears.”
“Parliament should read some court judgments on incest cases and make some changes on the level of penalty as the matter is serious,” the judge said.
He told state lawyers to ask the public solicitor to write to the justice minister and attorney-general on the matter.
Mogish raised the concern when lawyers made submissions on sentences on the matter of the state versus Chris Paru Bei.
Bei, 46, of Central’s Nabuapaka village in Kairuku, was found guilty of sexually assaulting his two biological daughters. 
Bei was charged with two counts of rape and incest under section 223(1) and 229A(1) of the Criminal Code.
Bei assaulted one daughter on Sept 21 last year and the other on April 9, 2007.
Both girls were teenagers when they were abused. 
Defence lawyers submitted that although Bei was found guilty, the matter was not serious because there was no evidence of pregnancy and sexually transmitted disease.
They submitted that Bei was also a first-time offender and the court should impose a lesser penalty.
But state lawyers argued that there was a total breach of trust because the victims trusted the assailant who was their father.
They submitted that the matter was serious and Bei should be given the maximum sentence.
Mogish adjourned the matter to today for a ruling.

Court rejects miner’s bid

June 20, 2010- The National 

By JULIA DAIA BORE

THE National Court last Friday threw out Simberi Gold Ltd’s (SGL) application to repossess its shipload of heavy machinery impounded by Papua New Guinea Customs.
SGL made the urgent application before Justice Mark Sevua in Waigani, seeking leave for review against the impounding of its ship by customs (of the Internal Revenue Commission).
The ship is laden with heavy mining equipment and machinery that included trucks and mine supplies.
Sevua told the parties to first exhaust all avenues for consultation.
The court heard that the ship, berthed at Rabaul’s Simpson Harbour wharf, was now under the possession of customs because the heavy machinery and equipment were not legally declared.
Sevua told the parties they had yet to exhaust all avenues for consultation before referring the matter to court.
He then directed SGL to do so by sorting out the required and lawful declarations and payment of the excise duties for the undeclared goods on board the impounded vessel.
“SGM can sort this out with the IRC commissioner-general Betty Palaso first,” he added.
Sevua dismissed SGL’s urgent application and proceedings against the customs.
SGL is located in New Ireland’s Tabar group of islands.

Court asked to lift ban on Finance report

June 10, 2010- The National 

By JULIA DAIA BORE

THE National Court has been asked to lift the ban placed on the implementation of the recommendations of the Commission of Inquiry into the Department of Finance and Treasury.

Since the inquiry report was tabled in Parliament in March, a judge had placed a ban on its publication and implementation of its recommendations.

Justice Bernard Sakora issued this ban while granting leave for a judicial review, following an urgent application by former solicitor-general Zachery Gelu and lawyer Paul Paraka.
Justice Sakora made the decisions in Alotau, when he was on circuit there.

Appearing for the state before Justice Mark Sevua on Monday, Scholastica Nepel of Jerowai Lawyers, argued that the interim injunction stopping further dealings of the final inquiry report was “an encroachment” by the judiciary into the prerogative role of the executive arm of the government who had instituted the Commission of Inquiry into the Finance Department.

Nepel said the Prime Minister presented the report in the national Parliament on March 4, 2010, and this was to be followed by the implementation of the recommendations of the office of the Chief Secretary Manasupe Zurenuoc.

She said there were irregularities in the orders granted by Justice Sakora on March 6, and the orders should be set aside.

Nepel submitted that when the leave application seeking the interim injunction was made and granted in Alotau, there was “no returnable date’ set in the orders that were granted which is a National Court rules requirement when dealing with interim injunctive orders against another party.

In response, lawyers for Paraka and Gelu submitted that there was an urgency which prompted their client to seek the interim injunction.
They said there was an intention to publish excerpts of the final report in a Sunday newspaper, which prompted them to take urgent action on March 6 before Justice Sakora in Alotau.