Tom v Luai [2007] PGDC 159; DC814 (2 October 2007)

DC 814

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE SITTING]
[IN ITS CIVIL JURISDICTION]

DCCi 42 OF 06

BETWEEN

MRS LENAH TOM
Complainant

AND

MR KEVIN LUAI
Defendant

Wabag: B Kawa

2007: October 02^nd

CIVIL – Appears from Warrant of Arrest, Debtors

Cases Cited

No case cited

References

No Reference Cited

Counsel:

Mrs Lenah Tom: Complainant in person
Mr Kevin Luai: Defendant Not Available (N/A)

October 02 2007

REASONS FOR DECISION

B. Kawa, Senior Magistrate: Appears from Warrant of Arrest Debtors.

02 Complainant apply Oral Application as follows: Defendant was not here when this matter set for decision on 01^st October, 2007. Then the matter adjourned to today 02^nd October, 2007 for Decision but the Defendant is still not here.

03. This Defendant is a Security Officer for this Court so I give lot of respect to him to pay me as Court ordered. Previously two times Police arrested him and he escaped from Police cell. The third time, monthly on 27/09/07 he was arrested again and police brought him to Court on the 28/09/07.

04. This Court released the Defendant on O/R bail to appear before the Court to take the decision on 01/10/07 but he didn’t. Now he didn't come.

05. However, to be honest at this Court before your worship your security is bigheaded man. Disregard the Court Order. I really want this Court now to issue Warrant of Commitment for him to go to jail. That is all.

06. This Court considered the application and noted that the actions taken by the Defendant who is a Court House Officer bringing embarrassment degraded the Moral of the Court and other Staff of the Court at Wabag. This Court have to uphold the dignity of the justice. The Defendant is a Security Personal, he should not have acted in such a manner. The other Publics will laugh at us and other mission of any cases if we don't enforce the orders.

07. What this Defendant did, it will affect the other ground Staff of this Court. I can't let this Defendant make Mockag out of Court and further, such a character is not needed to work in LEGAL OFFICE, otherwise he is trying to destroy the Whole Institution. This Court Granted such application.

Court Order

01. The Defendant is convicted and sentenced to two (2) months in hard labour. This sentence the Defendant has to serve accumulatively upon other sentence of two (2) months.

02. The Defendant is sentenced under Section 192 (3) of the District Courts Act after conducting Oral EXAMINATION.

03. After serving sentence the Defendant is ordered to comply with the District Court Order dated 31/05/06 to pay up as ordered.

04. The W arrant of Commitment runs from the date of his arrest

Lawyer for the Complainant: Complainant in person
Lawyer for the Defendant: Defendant Not Available (N/A)