William v Bermu [2007] PGDC 73; DC596 (31 August 2007)

DC596

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

DCCr 192 OF 2007

BETWEEN

ANDREW WILLIAM
Informant

AND

DOMINIC BERMU
Defendant

Buka: B Tasikul
2007: 31 August

Case Cited
Nil

Counsel
Andrew William, for Informant
Dominic Bermu, for Defendant

JUDGMENT ON SENTENCE

B TASIKUL: You pleaded guilty to the charge of unlawfully assaulting Tony Tibo a prisoner at the Buka Police Station. According to the police statement, you were drunk and off duty when you assaulted the complainant. You also threatened him. However, you deny being drunk.

Police statement reveals that the prisoner had just returned from Mobile Trading that evening after watching TV. You questioned him of where about he was. When he failed to provide you with a satisfactory answer, you picked up a plastic chair and hit him on the head whereby caused some injuries.

In response you told the court that the victim was a prisoner serving terms for marijuana. You were not happy with him leaving the station and roaming around town without permission. You were suspicious of him maybe involved in his usual business of smuggling drugs (marijuana).

You may have a genuine reason, however, you do not have the right to assault any person whether it is a prisoner or not. Prisoner’s rights are also protected by the constitution. If you believe he has violated any laws, appropriated actions should have been taken.

Having said that, let me express my disappointment which one way or the other may have significant effect to this case.

There has been an outcry by the community of seeing prisoners serving terms freely roaming around Buka Town or even going to their village. Prisoners who are convicted have their rights restricted. They can not be allowed outside the prison. In Buka as we have witnessed many of those serving prisoners who were convicted with serious offences are wondering freely in Town. This has made a mockery to the legal system and the law enforcement agencies.

I am aware it is not the role of the police to look after serving prisoners. It is the responsibility of the Correction Services (C.S), but what can they do when Bougainville does not have such institution in place.

I understand the pressure, the police are doing in maintaining law and order and when prisoners are allowed to roam the street instead of behind bars, this makes those who made every effort to apprehend them very upset. I understand where the defendant is coming from.

I think the Autonomous Bougainville Government and the National Government should take ownership of this problem and take appropriate actions to address this issue.

Marijuana has become a major problem on Bougainville which has contributed to other serious crimes committed, and allowing prisoners convicted of marijuana roaming the streets does not solve the problem.

I call on the police hierarchy and correction officers that convicted prisoners for offence such as marijuana should not be allowed out of the police station cell until their terms is completed. I say this because while they are out then we are opening up the gate way to them to continue on with their usual business.

However, with this few remarks, I must say this. You may have the genuine reason to assault the complainant, but as I have said earlier, you have no right to do that. Prisoner’s rights must also be protected for any inhuman treatment by state agencies. You should have taken other appropriate action.

I noted that you have been convicted of a similar offence which gives you no opportunity for leniency as you should by now have learnt your lesson.

However, taken into account the circumstances in which the offence was committed and other factors, I hereby find you guilty and fine you K300.00 in default eight (8) months imprisonment in hard labor.

Prosecutor
Defendant in Person