Joshua v Wamore [2007] PGDC 149; DC767 (29 May 2007)

DC767

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING AS VILLAGE COURT APPEAL COURT]

VC/App. No. 86 of 2008

BETWEEN

OKUK JOSHUA
Appellant/Defendant

AND

TULTUL WAMORE
Respondent/Plaintiff

GOROKA: G VETUNAWA

2007: May 29

JUDGEMENT

G Vetunawa This is an appeal against the decision of the Asaroyufa Lowa No. 2 Village Court in Goroka, Eastern Highlands Province. The Appellant was sued by the Respondent in the Village Court for having assaulted him and the Village Court ordered K200.00 in damages and court fine of K20.00

2. The Appellant had paid the K20.00 court fine but not the K200.00 in damages. The grounds of appeal are as follows:-

1. The presiding Magistrates failed to consider the fact that the Respondent was the instigator of the whole argument.
   
2. The Village Court had not fully considered the swearing first made by the Respondent leading to the physical confrontation.
   

3. The Appellant testified that the Complaint arose from the action of the Respondent with five other people who misappropriated National Government money of K5, 000.00 which the new member for Goroka Open gave to the West Goroka, Primary School. Appellant said that the five people with the Respondent went to the Head Master of West Goroka Primary School and demanded that they be given K5, 000.00 from the total grant of K15, 000.00. The Headmaster then released a cheque worth of K5, 000.00 to the names of these five people. Then they used the money for their own use.

4. After the Village Community head about this corrupt practice they were very angry and confronted the five corrupt leaders who used the state money for themselves. The Respondent then came and confronted the Appellant and swore at him and that made the Appellant to slap the Respondent.

5. Mr Tultul Wamore used K500.00 out of the total of K5, 000.00. It must be understood that the action of these five village Leaders of Kama Village amounted to an indictable offences under the Criminal Code Act. It is one of the many misappropriations happening around the country. It must be clear that such criminal actions would normally make the whole community angry and frustrated because the K5, 000.00 used was meant for the use of the West Goroka Primary School which is owned by every body in Papua New Guinea. Mr. Tultul and his Co-thieves must understand that they would expect the whole community to assault them even if that assault is unlawful.

6. In PNG society this is expected by those who are stealing public money. So even the Headmaster was wrong in listening to those five people especially when he knew it was not right. However, I understand that the Headmaster was also fearful for his life if he refused to release the K5, 000.00 to these corrupt leaders.

7. Therefore, all the blames should go to these five corrupt village leaders and they must face the consequence of their action. It is deferent from stealing from one person.

8. In this case, stealing from Papua New Guinea as a nation. On these basis I ruled that the Appellant was provoked by the action of Tultul Wamore and quashed the Village Court Order and Appellant shall not pay the K200.00 to Tultul Wamore in damages and the K20.00 court fine he had already paid shall be refunded to him within seven (7) days as of today.