Too scared to testify

WHILE it is the Melanesian way to pay compensation for a wrong or a shameful act committed, the practice nowadays stands in the way of modern justice.
Compensation deemed by a competent court alone is to be accepted by either party
Coupled with arbitrary compensation, the fear of reprisals by witnesses also is proving to be a difficult problem law enforcement agencies have to deal with in some areas.
A clear example of this was in Hela in recent days where police have reported that 13 people charged with varying serious crimes had been let go by the National Court.
When witnesses are too scared to front up in court to provide crucial evidence, delivering justice for victims of crime is difficult and near impossible.
Serious criminal cases like murder and rape have been struck out for want of prosecution on the word of witnesses.
It is a waste of time and resources for police to round up criminals, do the necessary paper work only to have their hard work thrown out.
The attitude to crime and punishment and the use of compensation need to change for the country’s justice system to work well in the country.
The Tari Police Station commander has urged the leaders of the district so those who hurt or kill others can be dealt with effectively.
Crime and violence in Hela generally has gotten out of hand at times and even the law enforcement personnel can find themselves at the receiving end of it too.
It can be a dicey situation for anyone to handle; law enforcement and those who stand for the law and want to bring perpetrators to justice can be victims of crime too.
When the rule of law and particularly police strength on the ground is seen to be weak, there would be little respect for law enforcement officers.
On top of that, if the public sees that law enforcement agencies can be easily undermined, those called to testify in court would naturally be reluctant to show up like in the recent cases. They know that outside of the court room, they would be quite vulnerable to anyone who does not approve of them testifying against them.
The country’s laws based clearly spell out penalties for criminal and civil acts or omissions.
Compensation therefore, only as spelt out by such laws, is deemed acceptable or befitting the crime.
Compensation in the traditional sense, therefore is not appropriate for serious crimes such as murder, attempted murder or rape.
The law requires that perpetrators in such crimes are properly tried in competent courts and handed penalties they deserve.
In instances of loss of, permanent physical disability compensation in a tradition sense cannot make up for such crimes.
It is even worse and outright humiliating in cases of sexual or domestic violence.
Compensation in most cases does not go directly to victims of crime, rather it is shared among extended families and tribes.
For our justice system to operate effectively, the idea that compensation in will settle all grievances and bring peace should
not be condoned or accepted when victims when much more than is required for real justice to prevail.
As the Tari Police Station commander has said, it is unfair when someone dies and we benefit from the death of someone is raped and people ask for compensation while the victim goes on suffering silently.
Compensation and fear are impediments to justice that must be dealt with.
It is necessary to provide protection and some level of guarantee for the safety of witnesses themselves against any reprisals.