Court orders man to pay for injury

National, Normal
Source:

The National, Wednesday 1st May 2013

 A MAN convicted of causing grievous bodily harm to a fellow villager by cutting the victim’s left knee with a bush knife was told to pay compensation or serve six years in jail.

This was the condition of the sentence Justice Panuel Mogish imposed on Dogo Sibona of Gaire village, Central, when ruling on the case last month.

“You pleaded guilty to causing grievous bodily harm to Seu Bala,” he told Sibona.

When handing down his decision at the Bomana National Court, Mogish said: “On July 18, 2009, between 5.30am and 6am, you went to the premises of the victim, Seu Bala. 

“You were armed with a bush knife. You used the bush knife and cut his plants. The victim asked you why you were cutting his plants. 

“You then approached him and swung the bush knife towards his neck but he avoided the knife. You then hit him on his left thigh with the flat side of the knife. 

“The victim felt pain and went to sit at his platform and challenged you to put away the knife and fight with fists. You accosted him and cut the victim on the back of his left knee wounding him seriously. 

“He was rushed to the Port Moresby General Hospital where he went through an active resuscitation and urgent surgery. He was admitted at the hospital for two months.”

The judge said according to the medical report the victim lost 100% function of his left leg. 

“He refused amputation of his affected leg and continues to suffer the stigma of the attack,” Mogish said.

“This is a very serious offence for a number of reasons. Firstly, you used a very dangerous weapon to attack the victim. 

“Secondly, you attacked the victim with the knife on three occasions and thirdly, the victim sustained life threatening injuries. He is now disabled and has lost 100% use of his left leg.

“You said he provoked you when he challenged you to fight with a fist and also, you had a land issue with the victim. If that was the case, cutting him with the knife was not the appropriate way to deal with this land issue. 

“There are avenues under the land dispute settlement act that you could follow to solve this problem. 

“You took the law into your own hands when you attacked the victim with the bush knife.”

Mogish told the man he could have sentenced him to life imprisonment but instead placed him on good behaviour bond for two years with the suspension of his five years and 11 months jail term on the condition he paid K5,000 compensation to the victim. 

Sibona was given six months to pay the compensation or serve his five years and 11 months at Bomana Prison.