Mitio v Kikiha [2001] PGDC 8; DC163 (26 July 2001)

DC163

PAPUA NEW GUINEA
[DISTRICT COURT OF JUSTICE]

CASE NO 577 of 2001

Delilah Mitio
Complainant

V-

Kennedy Kikiha
Defendant

Coram: Vetunawa G. Magistrate
14th June, 9th, 12th, 26th July 2001

JUDGEMENT

This is an application by the informant to have the defendant placed on good behaviour bond on a period of twelve months. This application is made under Section 209 of District Courts Act.

The facts of the Case are that the defendant on many occasions had demonstrated he does not really care about the informant who is his wife under Customary marriage. He had demonstrated that attitude by assaulting, harassing the informant.

In some occasions the defendant had badly, assaulted the informant to the extent of becoming unconscious. Section 209 of District Courts Act reads as follow:

Where a written information is laid before a Magistrate that a person has;

1. threatened –
   

(i) to do to the Complainant or to his wife or child or a person under his care or charge, bodily injury or

(ii) to burn or injure his house or

(iii) to commit a breach of the peace towards him or his wife or child or that other person or to procure others to commit any such injury or

2. used language indicating an intention to commit any such breach of the peace or to do any such injury or procure it to be committed or done.
   

And that the complainant is in fear of the defendant and the complainant prays that the defendant may be required to find sufficient sureties to keep the peace, proceedings may be had under this part.

The evidence by the informant is credible enough for this Court to find the defendant guilty of the actions stated in the affidavit of the informant. This Court had found that the defendant had threatened to do injury to his wife and had actually caused injury in some occasions and therefore guilty and is convicted and placed on good behaviour bond without surety for a period of twelve months and such twelve months period is to expire on the 26th of July 2002.

The conditions of such a twelve months good behaviour bond are as follows:

(a) The defendant Mr. Kennedy Kikiha shall not assault, harass or threaten in any manner and means the informant Miss. Delilah Mitio directly or indirectly.

(b) The defendant Mr. Kennedy Kikiha shall not assault, harass or threaten in any manner and means the informant Miss. Delilah Mitio through his agents directly or indirectly.

This order given this 26th day of July 2001 at Goroka District Court.

Gerard Majella VETUNAWA LLB, DIPMS
(Coram)

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KENNEDY KIKIHA
(Defendant)

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