Court allows convicted cop to appeal sentence

THE Supreme Court has allowed a former police sergeant, who was jailed five years for receiving K50,000 to free a detainee, to appeal his sentence.
Presiding as a single judge in Waigani on Tuesday, Justice David Cannings ruled that the trial judge did not consider that Stanley Japele, 45, from Sawom village in Wewak, East Sepik, had paid K20,000 as compensation prior to ruling on the sentence.
Justice Cannings added that it was an “interesting and unusual decision in that the sentencing judge did not consider the arguable features.”
Japele had, between May 20, 2018 and May 30, 2018, in Port Moresby, corruptly asked and received K50,000 from one Onne Bani to facilitate the release of Aaron Cui, who had been detained.
On or about May 21, 2018, Cui was detained by the police who contacted his friend Bani to help him get released on bail.
Bani sought policeman Paul Bani who told him that Japele would help him facilitate bail for Cui.
The next day, Bani met Japele who told him that Cui was charged with seven offences, so he would be charged K10,000 each.
Japele said he would negotiate for a lesser amount of K5,000 per charge.
And the total would be K35,000 for the seven charges.
Japele added that he would need an additional K15,000 to pay the bosses for their services to free Cui on bail.
Based on Japele’s request, Bani gave him K50,000, but Cui was never released.
In July, the National Court sentenced Japele to five years for the offence.
Japele’s lawyer Justina Bibilo said yesterday that the trial judge had failed to consider that Japele had paid K20,000 prior to the sentencing.
She added that the trial judge had not considered that Japele was willing to pay restitution of K50,000.
Bibilo said the trial judge went ahead and sentenced Japele to five years and further ordered that he pay K5,000 and Bani would pay K25,000.
“We are arguing the excessiveness of the sentence and not the length.”
Bibilo further added that Japele had complied with the National Court’s orders and paid K5,000 hence he should be allowed to appeal his sentence.
State lawyer Tapas Kametan argued that five years was adequate and fair as the maximum sentence for this offence was seven years imprisonment.
She added that the trial judge had considered all the factors and so Jepele should not be allowed to appeal his sentence.
Justice Cannings granted leave to Japele to appeal his sentence stating that there was an arguable case and ordered the Public Solicitor’s Office to file a notice of appeal against sentence on behalf of Japele, also including the grounds of appeal.
The matter returns on Nov 7 for directions hearing.