Court told sex CD was ‘not for sale’

National, Normal

The National – Thursday, December 2, 2010

A WOMAN charged and convicted with producing pornographic material insists that what she and her husband produced was for their own private use.
Joy Irene Mataenge, 33, of Mussau Island, New Ireland, was filmed by her husband engaging in various sex acts with him.
She told magistrate Dessie Magaru on Monday at the Waigani Committal Court that what was taped was private, not produced for sale and distribution.
Mataenge also asked the court why her husband was not charged with the offence, that is, producing pornographic material in contravention of section 228 of the Criminal Code.
She will be sentenced some time this month.
Police prosecution submitted to the court that Mataenge, a mother of two, be jailed for at least two years.
It submitted that the law on the production of pornography was silent but specific provisions existed for punishment for people caught in possession of pornographic materials.
 “Even though the defendant and her husband claim that it was for their private use, it is not a reasonable excuse
as what both did was an offence in PNG.
“The offence has no default penalty but only custodial sentence of imprisonment for a term not exceeding two years,” the prosecution submitted.
Mataenge apologised to the court and promised not to engage in the activity in the future.
However, she maintained her stand that she was never a party to the sale of the material and she had not benefitted in any way from the alleged sales of the CD.
Mataenge’s lawyer, from the public solicitor’s office, asked for a non-custodial sentence, saying she had no prior convictions and was an active member of her church besides being the mother of two school-aged children.