Review of family law suggested

By ELIZABETH VUVU
A MAGISTRATE has suggested the Family Protection Act be reviewed to take into account the defence of provocation by a person charged with assault.
Bruce Tasikul, of the Buka District Court, made the suggestion during a case where a man had assaulted his wife after seeing her with another man for the second time.
Matthew Magara told the court he punched his wife Joyce Matioko on January 8 because she had been seeing another man and it was the second time he had witnessed it.
He also told the court that his children were also aware that their mother was having an affair with another man.
He said it made him so angry that he assaulted her.
Magistrate Tasikul placed Magara on a six-months good behaviour bond after finding him guilty of assaulting his wife.
But Tasikul said the law was silent on the defence of provocation for a person charged with assault so he could prove that he had been provoked.
“The objective of the Family Protection Act is to promote safe, stable and strong families and to prevent domestic violence in the community,” he said.
“While I appreciate that this law is there to protect victims of domestic violence, the question which remains unanswered is what happens if a man commits domestic violence against his wife because the wife is having an affair with another man?” he said.
“If a spouse can prove beyond reasonable doubt that her or his partner is having other sexual relationships, then the defence of provocation may apply in this circumstance because there are some women who hide under the protection of the law to cover up their wrongs.”