15yr rape sentence review opposed

By BEVERLY PETER
A THREE-man Supreme Court bench has refused to review the 15-year sentence of a policeman who was convicted on rape, saying that the offence committed was very serious and there was no error in the judgment.
Justice Teresa Berrigan said this was because constable Garry Lauha committed the offence while on duty against a vulnerable person held in police custody at that time.
Justice Berrigan, reading the judgment on behalf of Justice Thomas Anis and Justice Bethuel Dingake in Waigani on Friday, said they had agreed with the trial judge that the offence committed constituted a gross abuse of authority and trust and the 15 years’ imprisonment was not excessive.
“The offence in this case was particularly grave. It was committed by a policeman whose very duty was to protect and serve the law.
“Such offences must not be tolerated,” she said.
Justice Berrigan said such cases undermine public trust in the constabulary and defame the good service of those dedicated officers who served with distinction.
“The negative effect of such offences on the public confidence, particularly of woman and girls, in the ability of the police force to investigate and prosecute sexual violence cannot be overstated,” Justice Berrigan said.
She added that rape is a serious and widespread offence that warrants severe penalty.
“Louha has failed to show that the sentence of 15 years is excessive. The trial judge had appropriately considered all the relevant matters,” she said.
Justice Berrigan said the trial judge did not err in law. It was before the court that the victim was detained in one of the holding cells at Kundiawa Police Station, Chimbu.
Louha, while on duty, went to her at about 12am to 1am and told her that there was no charge against her so he would rape her and let her go.
He then took her into a room, raped her and let her go and she reported the mater in the morning.
Louha was then arrested and charged and was later convicted after a trial and sentenced to 15 years.