Court suspends seven year term

THE National Court has suspended a seven-year jail term on a man who caused the death of another, saying that the victim’s own doing caused his death.
Prisoner Piki Robert was charged and pleaded guilty to causing grievous bodily harm to Jacob Aukiri who at that time was accompanied by five others who stabbed Robert and stole his bag in Port Moresby three years ago.
Judge Nicolas Miviri in handing down his decision said the life of ordinary Papua New Guineans who were trying to make ends meet must be respected. “He who seeks to steal and to make a living in illegal unlawful activities bears the blade that will cut him down on that fact,” Miviri said.
It was before the court that Robert was security guard who worked a 12am to 8am shift with the Rapid Response Security Service.
On the night of Dec 31,2020, Robert and his small brother were waiting for the pickup at Kaugere when they were approached by Aukiri and five others.
They held up Robert, stabbed him and got his bag. Robert sent his brother to get help but before he returned, he (Robert) saw Aukiri walking on the other side of the road alone so he went and assaulted him.
After beating up Aukiri, Robert left him on the road side where he was later taken to hospital. He was admitted for some time due to injury to in his spinal cord and died after nine months.
Miviri said Aukiri invited Robert to do what he did.
He said it was an immediate reaction because the prisoner was waiting at that bus stop for his brother to fetch help so they could retrieve what was stolen.
“Therefore, Robert, in my view, was excused except for the amount of force he exerted. He would not have committed the offence had it not been for his fellow citizen,” he said.
Miviri added that Robert’s should not be fully blamed as his reaction arose from Aukiri’s action.
“Death is not immediate but drawn out over 10 to 11 months and is not pinned down to his assaults. He (Robert) is entitled to the benefit of the doubt in the sentence due him,” he said.