Ratavi v Tsunon [2007] PGDC 67; DC595 (30 May 2007)

DC595

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

DCCr 03 - 04 OF 2006

BETWEEN

THOMAS RATAVI
Informant

AND

ALOYSIUS TSUNON
Defendant

Buka: B Tasikul
2007: 30 May

Evidence - whether admission of keeping illegal apparatus for brewing illegal spirit is evidence as being in possession under Act.

Cases Cited
Nil

Reference
Distillation Act

Counsel
Thomas Ratavi
Alloysius Tsunon

1. B TASIKUL: You stand trial that on the 24 December 2006 did have in your possession an illicit still to wit: one (1) gas cylinder and copper pipe. The charges are under s. 45 (a) of the Distillation Act.

S. 45 (a) reads:

"A person who knowingly uses or unlawfully has in his possession or custody or under his control or on his premises an illicit still is guilty of an offence."

2. It is alleged that on 24 December 2006, police conducted an operation during the Christmas season. The operation also included, repossessing of illegal apparatus such as gas cylinders used for brewing illegal homebrew. Police at that time also have a list of names of people who were in possession of gas cylinders. Your name was also included in that list.

3. Police came to your house and questioned you about the gas cylinder and you told them that some youth took it away to another village. You than lead the police to where the gas cylinder was located and police confiscated it.

4. You deny ownership of the gas cylinder, but admitted that it belonged to a Siwai/Nagovis man who used to reside with you. However, that cylinder had been kept at your kitchen all this times.

5. The Act itself does not have any clear definition of the word possession. However, Osborn’s Concise Law Dictionary, seventh edition, defines possession as: "physical detention coupled with the intention to hold the thing detained as one’ own. The continuing exercise of a claim to the exclusive use of a material object."

6. The question now needed to be answered is whether by keeping that gas cylinder at your kitchen/premises, be seen to be having control over it? You testified to court that the gas cylinder belonged to a Simon from Nagovis who left it at your kitchen. This was supported by your wife. From the evidence, police knew that you were one of those who had a gas cylinder that is why they came straight to your house.

7. The question is, when this man Simon left you, why didn’t you report to the authorities about this gas cylinder? You are well aware that this apparatus is used for brewing homebrew. This gas cylinder has been with you for sometime and yet you failed to take appropriate action to have it removed.

8. The law is very clear that any person who in his knowledge has in control of any apparatus for producing illegal spirits is guilty.

9. Your action clearly speaks for itself. You knew that the gas cylinder was at your house; you knew it is used for brewing homebrew. You knew it is illegal to brew homebrew, and yet you failed to take appropriate action either to remove it, report it to appropriate authorities or destroy it.

10. Having no doubt that you were the owner and having controlled over the use of this illegal apparatus, I therefore, find you guilty as charged.

Prosecution
In Person