Court looks to resolve family feud

By MELYNE BAROI
CHIEF Justice Sir Gibbs Salika, presiding over a misappropriation case between two siblings, says imprisonment is not the most ideal penalty, considering that harmony in the family is important.
Sir Gibbs made these remarks after the lawyers presented their submissions on sentence for Deslyn Nigi, 36, from Kobaibus village, Yangoru-Saussia, in East Sepik, who was found guilty last month for misappropriating K99,973 belonging to her step-brother Nigel Nigi.
“We have to consider that they (Deslyn and Nigel) are still brother and sister. And in our Papua New Guinea context, family remains important and must be friends rather than enemies, regardless,” he said.
“In my view, this court should try to restore the family relationship in an amicable way.”
Deslyn was found guilty last month for using the K99,973 to build herself a house in Taurama.
She and her husband are currently living in Nigel’s property at Nine-Mile which she had said to buy off from Nigel using a bank loan that she had got from Bank of South Pacific Financial Group Limited (BSP).
But Sir Gibbs, on Friday, said his judgment in July in finding that Deslyn was guilty of the misappropriation also nullified her mortgage contract with BSP as Nigel had also withdrawn his agreement to sell the house to Deslyn.
On Friday, Sir Gibbs said the lawyers needed to help the court with law on conveyance to deal with that “nullified contract” as Nigel needed to take back ownership of his house and property at Nine-Mile and sort the matter out with Deslyn once and for all.
“How can you (lawyers) assist me in resolving this matter without sending his (Nigel) sister to jail?”
The matter returns tomorrow at 9.30am for the lawyers to answer Sir Gibbs questions.