In the Matter of Rex Job, a Juvenile [2004] PGDC 38; DC360 (1 March 2004)

DC360

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

In The Matter Of S. 145 of Correctional Services Act 1995 Relating To The Powers Of A Visiting Magistrate

V

In The Matter Of Rex Job -
A Child From Porgera, Enga Province

Mt. Hagen: M. M. Pupaka
2004: 1st March

Correctional Services Act 1995 – Section 144 & 145 thereof – Powers of Visiting Magistrates.

Juvenile Courts Act 1991 – Section 17 (2) (b) thereof – Incarceration and remand of a minor of less than 10 years is contrary to the provisions and purpose of the Act – More than 2 weeks in remand detention of child on alleged charge of stealing bad and detention should not have been allowed by the police or the District Court at Porgera.

1st March 1, 2004

M. PUPAKA, PM: The brief facts of this matter are these: Today at around 3.00pm I was approached by CS personnel from Baisu Correctional Institution with a request to look into the matter and circumstances of a child called Rex Job, who was said to be in CS custody without a holding warrant. Further Rex Job was said to be a remandee from Porgera in the Enga Province. He seems to be on remand awaiting trial either for stealing or for being unlawfully on premises for the purpose of stealing or some such offence like that. Exactly what charge he is on remand for is not too clear.

Consequently I proceeded to view the child who was then brought out from the cells. I estimate the age of this child remandee to be around 8 or 9 years old and no more. He could not be any older. The story from the warders is that he was brought in from Porgera to await trial and has been on remand at Baisu for the last 2 weeks. It is within reason therefore to presume that he has been on remand for longer than 2 weeks, especially taking into account any possible holding time at Porgera and en route.

Having viewed the child remandee I then proceeded to consult with the resident judge, his Honor Justice Hinchliffe, who is also of the view that this child cannot remain any longer on remand at Baisu or elsewhere.

I consider the more than 2 weeks remand and any future remand of this child to be contrary to the provisions of the Juvenile Courts Act 1991.

The fact that someone at Porgera, be it a policeman or Magistrate, decided or directed that this infant should be incarcerated on remand, is inconceivable at the least. I can only presume that no sane or rationale person directed that this child be held in custody. Otherwise this was, on the face of the record, a clear display of utter stupidity and incompetence on the part of that authorizing body of Porgera.

Further, in the absence of the original or a copy of the original of the holding warrant it is not possible to say if there was no conviction recorded as well. This child may well be here as a result of a conviction and a consequential failure to pay a Court fine. If so, I cannot imagine what wisdom was extended in deciding fine or default penalty. Section 17 of the Juvenile Courts Act 1991 prohibits custodial sentence as an option. Nevertheless if a conviction was entered against this child, in the circumstances, he has at least fully served time for whatever wrong he was found guilty of.

In the circumstances, by virtue of the powers incumbent upon me pursuant to section 144 and 145 of the Correctional Services Act 1995 as Visiting Magistrate, I hereby order the immediate release from further forced detention of this child – Rex Job of Porgera.

Recognizing that this child is unable and is indeed incapable of going to his home in Porgera on his own, I order and direct that he be transported in relative comfort and safety to his home at Porgera at the next available opportunity. In the meantime he is to stay with the family of CS officer Mr. Westley Yope until he is handed over to the appropriate body tasked to take him home.

Ordered and directed under my hand this 1st day of March 2004.

Mark M. Pupaka – Principal Magistrate
Visiting Magistrate