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By JULIA DAIA BORE
THE Supreme Court last
Friday threw out James Yali’s appeal against his conviction for rape.
The decision means he will serve his 12-year jail term, effectively
nullifying his election as MP for Rai Coast.
Yali was convicted and jailed two years ago for raping his 17-year-old
sister-in-law.
He mystified jail officials by turning up at the electoral office to
nominate to contest the Rai Coast seat, and the Electoral Commission
accepted his nomination, arguing that he had filed an appeal and the
appeal “freezes” his conviction and sentence.
His victory in the election outraged many interest groups, with woman
leaders accusing the Electoral Commission (EC) of condoning rape.
EC lawyer Margaret Parua said yesterday the court decision technically
nullified Yali’s election as MP for Rai Coast, and a by-election was
likely.
The Supreme Court comprising Chief Justice Sir Mari Kapi, and judges
Cathy Davani and Moses Jalina threw out each ground of appeal and
confirmed the National Court ruling.
Present for the decision last Friday also was the Correctional Services
Commissioner Richard Sikani. Also present were lawyers representing the
Family & Sexual Violence and Icraft, which is actively involved in the
changing of the laws on rape.
Chairperson for Icraft Freda Talao, who was also present at the hearing,
said the Supreme Court decision proved the strength and integrity of PNG
courts.
She also said it was the test of the new laws on rape that was passed
recently and how the courts now fully support it.
 
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