Kukubak v Muriatabua [2007] PGDC 64; DC601 (11 April 2007)

DC601

PAPUA NEW GUINEA
[DISTRICT COURT OF JUSTICE
SITTING IN ITS GRADE FIVE CRIMINAL JURISDICTION]

DCCr 99 - 102 of 2007

BETWEEN

CONSTABLE MICHAEL KUKUBAK
Informant

AND

DAU KALIVATI MURIATABUA
First Defendant

AND

MANASA DUMUCOTO
Second Defendant

AND

JOLAME FUKIREVA
Third Defendant

AND

MOROCA ALIKI
Fourth Defendant

BUKA: B Tasikul
2007: 11 April

Case Cited
Nil

Reference
Migration Act

Counsel
Constable Rueben Kueng for the Informant
Defendants in Person

SENTENCE

1. B TASIKUL: The defendants pleaded guilty to the charge of being illegally remaining in the country without a valid Visa as stipulated under s 16 (1), s 16 (a) of Migration Act, 1978.

2. The brief fact is that, the defendants entered Papua New Guinea through the Solomon Island on the 28 October 2005, using a Visitors Visa which was valid for sixty (60) days only. Upon their arrival in Port Moresby, they were met by so called U–Vistract Chairman Messach Autahe. The next day on the 29 October 2005, they left Port Moresby for Buka using dubious names on their airline tickets. Upon arrival in Buka, they went straight to Tonu, Siwai, in South Bougainville.

3. While on Tonu, they lived with conman Noah Musingku. They spent 15 months in Tonu, conducting illegal military training to Noah Musingku and his associates. He promised them one (1) million kina each, while engaged on a two (2) year contract work for providing him security and training to his kingdom. He further promised them that he would arrange for migration officers in Port Moresby to travel to Tonu to re-new their Visa and issue them with work permit which never eventuated. All their visas expired on the 28 December 2005 and they continued to stay in the country illegally till to date.

4. The Migration Act 1978, s 16 (1) (a) which the defendants were charged under carries a fine of K5000.00 or imprisonment for a term not exceeding six (6) months.

5. The defendants through the court have publicly apologized to the Government of Papua New Guinea and Bougainville and its people for their action and their illegal activities on Bougainville. They submitted that while in Tonu, they did not have any freedom to move around as they have been always monitored by Musingku’s associates.

6. Before arriving at an appropriate sentence, I noted that each of you are married and have children ranging from twenty (20) years to four (4) years respectively. Each of you is educated up to Secondary College back in your country. I also noted that you are all ex-professional soldiers with the Fuji military force and have served in various countries like the Middle East, including Iraq, Kuwait and Lebanon.

7. I also noted that you are all first time offenders and have freely admitted to this charge. You have expressed remorse and sorrow for the wrong you have committed.

8. On the other hand, the offence each of you has committed is very serious. It is also a breach of International Law. You have violated the Migration Laws and other laws of this country. Your actions have shown no respect to the Government of this country and especially the people of Bougainville.

9. The people of Bougainville have gone through hard and painful times during the Bougainville Conflict and are now recovering from this aftermath. With your presence and illegal activities in Tonu, you have caused tremendous fears amongst the community there in the last fifteen (15) months.

10. May I make mention that your government has made significant contribution to the peace process on Bougainville in the past years, which the people of Bougainville have valued and appreciated.

11. However, your presence and the illegal activities that each of you has been conducting, has tremendously affected and hindered this same on going peace process.

12. Having said that let me remind each one of you that any foreigners entering any foreign countries must respect and abide by the laws of that country. Those who wish to seek employment in that country must follow proper procedure to obtain proper work permit.

13. You are all highly educated and have worked in many other parts of the world, and you a well acquainted to this laws. I can not understand how a person like each of you have been easily conned by Musingku.

14. The courts have a duty under the constitution to protect and enforce the laws of this country. It is the custodian of people’s rights to live in peace and harmony. Foreigners who come and disturb peace and bring unwanted and unnecessary pain and suffering to the people must be dealt with severely.

15. However, the present Migration Laws need to be re-visited by parliament and have it amended. The penalties prescribed under this legislation are too lenient. There are also many loop holes. The Act does not give the District Court power to make deportation order.

16. Nevertheless, let this be a warning to others who think they can come into the country and not respect our laws and engage themselves into illegal activities that the courts would not hesitate to impose tougher penalties.

17. I therefore sentence each and severally of you to four (4) months imprisonment.

Prosecutor
In Persons