State v Kabui [2009] PGDC 23; DC912 (8 April 2009)

DC912

PAPUA NEW GUINEA
[District Court of Justice]

CASE NO 64 OF 2009

THE STATE

V

CAMILUS KABUI

Lihir: B.Tasikul
2009: 08 April

SENTENCE

BTASIKUL: The defendant pleaded guilty of unlawfully assaulting his wife: Esther Sianot thereby contravening s.6 (3) of the Summary Offence Act. According to Police statement of Fact the defendant on 26 March 2009 after consuming alcohol went home to their house at Kunaiye No2 village and started arguing with his wife. As the result of that argument the defendant grab hold of the victim throat and squeezed them.

However prior to the assault the wife had earlier obtained a preventive order from the village court at Namatanai .This order was issued on the 18 March 2009which reads:

Mi pela kisim complain olosem yu Camilus Kabui yu save paitim meri bilong yu Esther Sianot ologeta taim long ol liklik samting tumas. Dispela kain pasin yu save mekim long paitim em long ai bilong ol pikinini.Last January 2009 yupela i bin mekim wanpela reconciliation namel long Esther na Papa Mama bilong em. Iet yu no senisim pasin bilong yu.Nau yum as stap long we pastaim long Esther na noken interfere wantaim em long wok ples bilong em.

The defendant admitted receiving a copy of the order in which he produce a copy in court. However he stated that the order was served on him on the 26 March 2009, which is the same date the assault, took place. Even though the village court order may not necessarily have anything to do with this matter, I of the view that there have been constant assault by the defendant on the victim that is why she decided to seek assistance from the village court.

Domestic violence in the family has become a major issue in the country. There has been constant cry by women to end violence against them, yet it has fallen on deaf ear, as men continence to treat their women counter part as a boxing bag, which they think that they can punch any time.

This type of attitude by men towards women must be stopped at all costs. How long more can we watch these valunable groups of people in our society suffer silently? This means that the courts at all level whether in the Village court, District court, or higher court has a constitutional duty protect its citizen, and women are no exception. I noted from the facts that when you came home drunk you force your wife to strip naked so that you can take nude pictures of her.

This is the worst thing a husband can do to his wife. Your wife is supposed to be your partner. You treat her with respect. She is a mother with five children. She does not deserve this kind of treatment.

I have considered your plea of leniency as you have a job five children to look after and your admission to the offence. You must have taught about them before. You fail to respect the village court order.

I therefore find you guilty and sentence you twelve months imprisonment. This sentence is however suspended on the condition that you are place on twelve months good behavior bond. I further ordered that you restrain from assaulting your wife. You are further order to restrain from taking any form of alcohol during this period of suspension. If you fail to abide by the above condition you will be brought back to court and you will be order to serve the full term.

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Senior constable Odis for the Prosecution
Defendant appearing in person