Woman’s penalty scaled down

By GIDEON KINDIWA
IT was certainly not a case of “justice is blind” when the Waigini National Court imposed a suspended sentence on a 55-year-old woman who injured her husband’s mistress with a broken glass bottle.
“I don’t agree that you should be given jail time or be ordered to pay compensation because we can never understand your situation and the court cannot try to rectify the situation by imposing a (custodial) sentence,” Justice George Manuhu said.
Further, Lydia Aigigo’s husband and his lover, Susan Oliver, were found guilty of committing adultery by the family court.
Aigigo from Obura Wonenara, Eastern Highlands, was given a 12-month suspended sentence in place of good behaviour.
She had attacked Oliver in the PNG Education Institute, Port Moresby, on July 7, 2017, and was initially charged with causing grievous bodily harm with intent.
The charge was then reduced and she was found guilty of “unlawful wounding” because the injuries inflicted on Oliver were “not very serious”. In mitigating, Aigigo said she attacked Oliver because “my marriage was destroyed by her.”
“I would never attack another person. I attacked her because she destroyed my marriage. I have seven children. My husband had an affair with her and she was also a married woman. It was so painful to see my life and marriage destroyed and I have to struggle with my children,” she added.
Aigigo said her husband used to assault her to cover up (the adultery) and she never reported the assaults.
“I don’t want to report it (the assaults) because I don’t want my family to be broken and I don’t want to jeopardise my children’s future,” she added.
Aigigo’s lawyer submitted that she was a first time offender and had also expressed remorse.
“She was placed in a situation that made her to commit the offence and she should be given a suspended sentence,” said the defence lawyer.
The public prosecutor asked the court for a strong punishment in order to deter other women from committing such an offence. “The court should impose a custodial sentence between two and three years or be ordered to pay compensation.”
Manuhu asked the prosecutor to put himself in Aigigo’s shoes and understand her situation before making submissions.
“Do you understand a marriage breakdown and the pain women go through? It may seem simple, and we may talk about laws in dealing with it but do you understand the pain she has to go through with her seven children? You want her to pay compensation to the woman who destroyed her marriage?”
When the prosecutor insisted on compensation to Oliver, Manuhu said: “I don’t think you should be given jail time or pay compensation. We cannot understand your situation, but it’s painful.
Manuhu said the punishment for such an offence would be 18 months in prison with hard labour but he ordered Aigigo to serve a 12-month suspended on good behaviour.