Even suspects need fair treatment

 THE old adage ‘innocent until proven guilty’ is not the case in Papua New Guinea. 

More often than not a person suspected of a crime, especially a violent or major one such as armed robbery, theft with aggravated assault and the like, is treated as if he or she were already tried and found to be guilty. 

The shoot-first ask questions later mode of operation seems to be the default here. Regardless of the fact that circumstantial evidence may lead us to believe one is guilty of a crime, due process still needs to be followed. 

Evidence must be gathered and a case built on reliable and preferably incontrovertible proof that someone has indeed committed the crime they are accused off. But people here are still given the rough end of the stick. 

In the Madang national court last week, Justice Da­vid Cannings awarded Beon inmate Ruben Micah, K22,720 in damages for the duress he went through after being detained by police for his part in the 2008 Madang Bank South Pacific robbery. 

Cannings described the conditions of his 15-day stay in the Buimo jail in Morobe as “inhuman” and that this experience infringed on his rights to full protection of the law, freedom from inhuman treatment and the right to be treated with respect and consideration. 

On August 6, 2008, Micah was put in a severely cramped cell with 16 other detainees. The condition of the cell was such that it posed an immediate threat to the health of the occupants. 

The “dark” cell apparently had the stench of “human waste” adding to the congested atmosphere. Prisoners were allowed 10 minutes of sunlight a day,.

Unfortunately, this is considered normal for most citizens who are detained. While in custody, Micah’s house was searched by police without a warrant and several items to the value of K9,500 confiscated. 

Even if these items were evidence for the State, their acquisition was hardly by the book. There is a proper way of doing police work and there is the sloppy way. 

Police in this country seem to favour the latter. In the end state will only be called to answer for the police force’s incompetence and/or transgressions. 

Micah may have been found guilty of the crime but that does not mean he forfeited his rights to being treated as a member of the human race. Three other in­mates were awarded damages after they put forward their cases. Justice Cannings ordered the State to compensate Jacob Kimbari (K22,451.20), Batley Isaiah (K22,016) and Namson Lamaning (K5,449.60). 

If all mistreated individuals followed Micah’s example the legal system would drown in a sea of litigation. 

The cost on the State would breach the stratosphere. We have already heard of cases, especially in the Highlands, of tribes and communities taking ci­vil law suits against the State for the acts committed against them by the police. 

And the courts have seen the merits and awarded these plaintiffs their due. 

It is clear that the police force, already stretched as far as manpower, facilities and equipment go, has fallen into a rut where close enough is good enough. 

This is the kind of modus operandi that perpetuates the mismanagement of people innocent and guilty, under the custody of the State. 

If the police can continuously get it wrong, we can only imagine the lax attitude that is prevalent elsewhere in other State bodies. 

It is this kind of attitude that will ensure there is little development in the country. 

Perhaps if we all treated each other with a measure of respect and consideration then we would not have half the problems we have today.