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| Observing the law | |
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“CUSTOMARY compensation should not be
used as an excuse to let a guilty person escape punishment.” In a series of comments published in The National yesterday, Judge Panuel Mogish made one of the strongest statements to date relating to compensation payments and the role of the nation’s law. The National has long held similar views and warned of the growing practice of using compensation payments as a substitute for the processes of the court. We recall cases where the victims of assault or rape have received nothing but a token gesture in compensation payments, while relatives have made a fortune from the process and the guilty party has managed to avoid a court hearing. Like so many other traditional customs, today’s compensation payments are too often simply a way of extorting money from the system. The whole nation is aware of the attempts by many people to gain large sums through “compensation” payments for the alleged loss of food crops and fruit trees. The latter have been hastily planted before road repair gangs arrive. That is straightforward extortion and should be prosecuted as such in court. Justice Mogish made the reality crystal clear when dealing with a murder case in which a young man stabbed and killed his uncle at Gordon market last year. In this case, a substantial amount of cash and kind were made by the relatives of the accused. The judge acknowledged that these compensation initiatives had achieved a measure of calm and restored relationships between the aggrieved parties. But he was in no doubt that such a compensation payment had no effect upon the due process of law. “Customary compensation must not be used to evade the rule of law as this could spell a recipe for disaster and anarchy,” the judge said. He added that the rich and powerful who take advantage of their wealth pay their way out of trouble while the poor and the weak languish in the cells. He made the point that such action was “tantamount to an offence of attempting to pervert justice under section 136 of the Criminal Code Act”. “Those who advocate such criminal and irresponsible attitudes should be arrested and prosecuted under this provision as the implications would be very grave if society allowed custom to be manipulated by a few greedy relatives. Customary compensation should not be used as an excuse to let a guilty person escape punishment.” The whole issue of compensation should be carefully examined by a commission set up to review both the purpose and the outcome of this traditional custom and its current uneasy relationship with the nation’s laws. Such a body might also examine the contemporary practice of another on-going source of conflict, the payment of bride price. What was primarily a customary exchange of gifts and obligations has become a massive industry that not only generates huge sums of money for the relatives of one marriage partner but frequently stirs up animosity and even hatred between clans. Both of these practices come close to breaking the law and it has become imperative that the relationship between ancient custom and modern law needs to be clearly defined. It may be that a scale of compensation payments for a deliberate killing, for example, could be determined and applied throughout the country. Such a scale would impose an upper limit upon such payments and compensation would be dependent upon the gravity of the offence. At the same time, it must be made clear that such a process does not short circuit arrests, the laying of charges or the due process of a properly constituted court. PNG would indeed rue the day if “compensation” stealthily took over the role of the law. As the judge said while addressing the murder case, “customary compensation has lost its significance”. “A custodial sentence is warranted to reflect the value the society places on human life and its total condemnation of one person’s unlawful taking of another’s life under any circumstances.” We urge all members of the judiciary hearing such cases to echo Justice Mogish’s approach to compensation, while at the same time creating a forum to firmly establishing the pre-eminence of the law. |
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Global economy’s gathering storm
By Hans-Werner Sinn | |
| Editorial | |
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