Biscuit company boss, Ian Chow, convicted

BY FRANKIY KAPIN

IAN Chow, the managing director of Lae Biscuit Company, has been convicted of smuggling into the country firearm parts and accessories undeclared by Papua New Guinea Customs Service, the Post-Courier reports. 

Lae District Court magistrate Jeremiah Singomat imposed a K25,000 fine on Mr Chow after finding him guilty of which he has paid, according to his lawyers.

The undeclared goods confiscated by the Customs include empty ammunition shells, live bullets and gunpowder shipped into Lae four years ago, on April 14, 2012.

In sentencing Mr Chow last month, Mr Singomat indicated that the defendant had shipped a container (identified) under his name containing items which he failed to declare with Customs.

Mr Singomat also stated that the defendant had cooperated with the Customs officials leading to him being charged with smuggling undeclared items, contrary to section 149 (1) of the Customs Act 101.

He also indicated that the lawyer for the defendant entered a guilty plea and made submissions on sentence.

Mr Singomat said the early plea amounts to mitigation and it was also the view of the court that the defendant had not done wrong in the law by mistake.

"He is an educated person, had been in the country as a citizen and had imported items as a nature of his family business many times before the date he committed this particular criminal act in 2012. More importantly, the defendant has the knowledge of the Customs laws of the country," Mr Singomat said.

In pleading guilty to the smuggling charge Mr Chow had admitted reckless wrongdoing by trying to short cut the process and not completing the importation documentation.

He said he did it because his house had been destroyed by fire and the Lae shooting club under his presidency needed the ammunition.

Mr Chow indicated that the case had resulted in his employment being terminated and leaving him in exile in Thailand for the last four years.

He returned to PNG in August and presented himself to relevant authorities to be indicted accordingly.

Ian Chow

Village Court found woman guilty of practicing sorcery

BY PEARSON KOLO

THE Asaroyufa Village Court in Goroka District, Eastern Highlands Province, has formalised the divorce of a couple after finding the wife guilty of using sorcery, or "black magic," to keep her husband against his will.
Village court magistrate Paulus Teteh ordered the divorce two weeks ago and asked the wife’s family to pay back three-quarters of the bride price payment to the husband by November 6.
The case proceeded in the village court three months ago after the husband, Kila Ruri, from Western Highlands Province, summoned his wife of three years, Evelyn Kusi, from Enga Province, complaining that she had "poisoned" him on several occasions, not to kill him but to "possess" him.
The court was also told that the wife frequented her husband’s workplace and disturbed him in front of his colleagues, even his bosses.
Magistrate Teteh ruled that there was sufficient evidence before the court for a divorce.
"Evelyn, yu no save respectim man blo yu na planti taim yu mekim pasin nogut lo em na distebim em lo wok ples blo em. (Evelyn, you have no respect for your husband and have done terrible things to him and also disturbed him at his workplace.")
Mr Teteh also said sorcery, or black magic, could not be proven, but the evidence presented in the court showed that Evelyn Kusi had practiced "black magic" or sorcery to achieve her aim.
"Marit bilong yutupela em divorce or buruk na yutuplea fri lo marit gen. (Your marriage is now broken, over, and you are free to marry again," Mr Teteh told the couple.)
Kila Ruri had summoned his wife before the Asaroyufa Village Court claiming she had been "poisoning" him on several occasions before he discovered strange items in her bag.
"I have discovered many strange materials in different shapes and sizes in her bag, under our family bed and pillow, and I was very frightened," Mr Ruri said.
"Some of these materials look like human bones, hair, small pieces of tree bark, small stones, features and many more strange things."
Mr Ruri, who comes from the Mul-Baiyer Lumusa district of Western Highlands, had called leaders from his village to travel to Goroka to be present during the court proceedings.
Mr Ruri said he does not know why his wife from Kompiam District in Enga Province would want to use "black magic" on him and for what reasons.
"I know she used these materials on me in my meals and I slept over it in my bed to make the evil spell of these things to get hold of me," Mr Ruri said.
"And I also know that the power of these ‘black magic’ materials made me sick most of the time until I discovered them and took her to court."
Many of Kila’s "discoveries" of the presumably black magic materials had been presented at the Asaroyufa Village Court as "evidence".
Evelyn Kusi was not available for comment.
Mr Ruri said he was a young man and would be happy to start his love life all over again.//Source: Post-Courier

Kila Ruri showing some of the materials he found in his former wife's bilum (string bag)
which he claim were sorcery material and presented them to the village court. 

EHP administrator to stand trial

EASTERN Highlands administrator Solomon Tato has been ordered to appear before the Goroka National Court on two fraud-related charges against him.
Tato, from Ibusa-Moke village in Okapa district, was charged with abuse of office and misappropriation involving K2 million belonging to the State.
The charges was in relation to the awarding of a contract to Lance Works Limited between March 5, 2011, and March 21, 2012, while he was the chairman of the provincial supplies and tenders board.
The State alleged that the contract was contrary to proper procurement processes under the Public Finance Management Act.
Tato was previously charged with official corruption, abuse of office and misappropriation. The three charges were struck out by the Goroka Committal Court on Nov 27 last year because of lack of evidence.
Public Prosecutor Pondros Kaluwin invoked his independent power to commence a fresh proceeding against Tato.
Kaluwin issued an ex-officio indictment, dated March 14, charging Tato with one count of abuse of office and one count of misappropriation based on same evidence before the committal court. The indictment was presented to the court on July 22.
Tato moved an application at the national court in Goroka on Sept 26 to quash the ex-officio indictment.
The court, presided by Justice Joseph Yagi refused the application last Friday. Tato appeared in court on K5000 bail.
Meanwhile, Eastern Highlands  treasurer Paul Poini Makeso, Okapa  treasurer George Paul and principal of Lance Works Ltd Robert Karano Kafo have been committed on Sept 23 by the Goroka Committal Court to stand trial at the National Court in Goroka. They are facing similar allegations as Tato. //Source: The National 

Man appears in court for assaulting pregnant woman

By DAPHNE WANI
A MAN facing a charge of assault causing injuries to a pregnant woman in Port Moresby in March appeared in the Bomana National Court last week.
Justice Panuel Mogish adjourned the case of Samson Dupai from Nebilyer in Western Highlands to November 7 for mention.
Police allege that on March 22, Dupai attacked Rachel Yamba, using a piece of timber to hit her on the head at the Tokarara market in the National Capital District.
Dupai was committed to trial by the Waigani Committal Court on September 20.
Dupai’s lawyer Fredrick Lunge told the court that Dupai would likely plead guilty plea.
//Source: The National 

Man charged with causing grievous bodily harm

By TABITHA NERO
A MAGISTRATE has described a case as “very unusual” involving a man charged with causing grievous bodily harm.
Thomas Warepa, 30, from Tuku village in the Tari district of Hela, was charged with causing grievous bodily harm when he allegedly pulled Kelo Kepawi’s penis and broke his testicles on June 25 at Erima settlement in the National Capital District.
Waigani Committal Court magistrate Cosmas Bidar said the court had just received police files on the matter.
Bidar said the court would consider the evidence submitted by police before ruling on the sufficiency of evidence.
Police allege that Warepa, who was under the influence of alcohol, got into an argument with Kepawi over an accommodation issue at the Erima settlement in NCD on June 25.
Kepawi allegedly tried to throw Warepa out of a house. Warepa who was lying on the floor then allegedly pulled Kepawi’s genitals and breaking both his testicles in the process.
Kepawi was taken to the Port Moresby General Hospitalwhere he received 14 stiches and was told by doctors that he was lucky to be alive.Warepa will remain in custody at Bomana prison until the case returns to court on Oct 14. //Source: The National

Man to stand trial for rape

It comes down to the word of the victim against the word of an alleged rapist, Waigani Committal Court magistrate Cosmas Bidar said when committing a man to stand trial last Friday.
“The court now has no reason to doubt statements made by the victim,” he said when committing Soti Kuk, from Jika in Western Highlands, to the national court.
Kuk is charged with raping a boy under the age of 10 on May 1 at Vadavada settlement in the National Capital District (NCD).
The court heard that Kuk in his statement claimed he was sleeping under a tree when five men attacked and chased him and brought him to Hohola police station.
According to other witness statements, the victim went home and told his family and they came and allegedly attacked Kuk and took him to the police.
Bidar said there was sufficient evidence in the matter to commit him to trial.
He ordered that Kuk remain in custody at Bomana prison and appear for listing at the national court on Oct 24.
Meanwhile, another man also charged with rape of an under-age girl, was committed to stand trial at the Waigani National Court last Friday.
Larson Lake, from Kandep district of Enga, was alleged to have raped a seven-year-old on April 2 at Bautama, NCD.
Bidar said that there was sufficient evidence in the matter for a trial.
He told the court that the victim in her statement clearly identified Lake as the perpetrator.
The court ordered that Lake remain in custody and appear for listing in the national court on Oct 24. //Source: The National 

Ban on UPNG student leaders stayed

THE University of PNG administration has allowed student leader Kenneth Rapa and 12 others to resume studies. 
The 13 student leaders will join the rest of the students to sit for their semester one exams which will commence on Friday.
The university decided to ban the student leaders from attending classes since Aug 9 after issuing them termination notices.
The students obtained an interim order at the Waigani National Court last Thursday to stay the university’s decision on their termination.
The order was served on the university registrar Jennifer Popat and the acting Pro Vice Chancellor (Academic and Student Affairs) Prof Mange Matui last Friday.
The university issued resumption forms to the 13 student leaders to resume classes and sit for their exams pending inter-parte hearing on the stay order on Oct 20.
The stay order was granted by Justice Colin Makail after he found that the students had an arguable case.
The university terminated the student leaders on the basis that their actions during the student unrest in May, June and July were detrimental to the interests of the public institution.Source// The National

 

Gobe oilfields ownership to be reviewed

BY ADAM MERA 

THE Lands Titles Commission will be deliberating on the long standing unresolved disputes concerning ownership of the land where the Gobe oilfields are located.

This follows a ruling by a three-man Supreme Court bench comprising Justices Don Sawong, Toliken and Terence Higgins.

The oilfield is one of seven in the PNG liquefied natural gas project area.

It is located in the Southern Highlands and Gulf Provinces and covers an area of about 1082km2. The issue on ownership dates back to 1995, as a result of extensive prospecting and drilling by Chevron Niugini, the developers of the now PNG LNG Project.

The bench decided for the matter to be reheard by LTC after finding the National Court lacked jurisdiction to hear and deliberate on the matter and that the National Court that heard the matter earlier was unfair, harsh and oppressive resulting in a breach of natural justice on a number of claimants to the land.

According to the court, following conflicting claims by a number of parties to the land, the matter was referred to LTC on May 8, 1995, by the then governor-general Sir Wiwa Korowi.

Altogether there are 30 parties involved in the dispute.

Deputy Chief Justice Sir Gibbs Salika, who was then only a judge, was appointed as a special commissioner to hear the disputes by the parties. Sir Gibbs heard the disputes and handed down declarations on February 29, 1996.

Certain parties still aggrieved with the decisions filed for a review of the decision.

A review panel consisting of the then chief commissioner Josepha Kanawi and two other commissioners then reviewed the decisions and quashed DCJ Salika’s declarations and substituted it with their own on May 19, 2000.

Other parties still aggrieved with the review, lodged an appeal at the National Court against the decision of the panel.

The court quashed the decision of the panel and remitted the matter back to the LTC for rehearing.

While awaiting the LTC, the disputing parties decided to try the alternate disputes resolution (ADR) to resolve the matter.

A decision here at the ADR was disputed as well, landing the matter before the National Court again on May 5, 2008.

The National Court handed down its decision on September 6, 2011, which was again disputed.

It resulted in this Supreme Court proceeding thus the orders for it to return before the LTC.

The bench in handing down its order said LTC is the only body recognised by law to properly adjudicate upon this matter therefore it hopes a resolution is reached there. //Post-Courier

Magisrate: Rape of young girls prevalent

RAPE of young girls is becoming “very prevalent these days”, says Waigani Committal Court magistrate Cosmas Bidar. 
“Something is seriously wrong with society if such cases are appearing in court from Monday to Friday,” he said.
 The National  reported that the magistrate made the comments after reading rape charges to two men and a teenager, who appeared from custody for allegedly raping an under-aged girl.
Lua Von, Douglas Mai and an 18-year-old youth – all from Abau district of Central – were alleged to have raped a 17-year-old girl on Sept 24, at Gerehu Stage One in Port Moresby.
Bidar told the court that the matter was new in court and  police would investigate and collect evidence to prove the allegations.
It is alleged that on Sept 24, the 18-year-old allegedly pulled the victim off the street and into a yard and locked the gate.
He then allegedly raped her. After that Von and Mai who were in the yard, allegedly raped the victim as well. Police said the victim lived in the same area as the  suspects.
The court granted a K500 bail to Von, Mai and the teen with two conditions – that were not to interfere with police witnesses, especially the victim, and they were to appear in court on appointed dates.
The matter will return to court on Nov 8.