Kugame v Lin [2007] PGDC 82; DC612 (10 July 2007)

DC612

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

DCCr 542 – 543 of 2007

BETWEEN

FRANCIS KUGAME
Informant

AND

VINCENT LIN
Defendant

Goroka: F MANUE
2007: June 06, July 10

CRIMINAL- Particular offences – insulting words whereby likely to provoke breach of peace – whether the words insulting – whether breach of peace likely to occur.

Held – Frequent use of insults amounts to abusing and harassment, especially to young females. References – Summary Offences Act Section 7 (b).

Cases Cited
Nil

References
1. Section 7 (b) of the Summary Offences Act

Counsel
First Constable Asi - For The State
In Person - For Defendant

10 July 2007

REASONS FOR DECISION

F Manue: The defendant Vincent Lin is said to have insulted two female employees of Wanda Limited on the 17th of May 2007 at Goroka, which is contravening to Section 7 (b) of the Summary Offences Act.

2. I have heard evidence from the Prosecution and the defence.

3. Evidence from the prosecution is from three (3) witnesses, two of which are the victims. The third is a female security guard at the said shop.

4. The victims gave evidence not only of what took place on the relevant date but on any other working days since they were employed. They told of the behaviour of the defendant and how he would insult them.

5. That particular day, the witnesses told of what the defendant did and having said the insults how they had reacted.

6. It would seem that they did not react violently, but in my view, that would be a natural thing of a male person insulting females, where the trend would be that they were often then not shy away.

7. In this instant case, they both walked off their jobs as they had enough of the insults of the defendants insulting conduct and words towards them.

8. The defence called two (2) witnesses, including the defendants won sworn statement.

9. The second witness denied hearing the insults, although he admitted being told by one of the victims of what the defendant did and said. He said that such insults were common among them during the cause of their duties and that the words were used as jokes.

10. I do not accept he words to the effect of “Fucking Kaikai stick, kam kaikai stick bilong mi, kam bai mi sutim ass bilong yu, Fucking kaikai stick”, as decent and acceptable in the context of Papua New Guineas custom and culture. These are words which are indecent and insulting to anyone.

11. The fact that they are used frequently as jokes to young females amounts to abusing and harassment, especially to young females by persons in position of trust, in this case the employing Manager.

12. Alients to this country must be mindful of the cultures and customs here, and must be prepared to respect them.

13. I find that there is no doubt that the defendant did use insulting words, whereby a breach of peace was likely to have taken place on both counts and find him guilty on both counts accordingly.

For the State - First Constable Asi of Goroka Police Station
For the Defendant - In Person