Court: K6000, Two Pigs, 12 Chickens, and Foodstuff as Compensation

By ROSALYN ALBANIEL-EVARA

A HEFTY compensation demand of K6000 was slapped on two young men by the National Court of Madang for causing grievous bodily harm to a fellow villager.
While the offence committed was serious, the victim, Mathew Sod and his family had made known to the courts that they would rather the accused Balthazar Basan aged 28 and Herman Sarea pay compensation instead of being jailed.
Both had pleaded guilty to the offence in the Madang National Court presided by Justice David Cannings .
 
The court had heard that the attack on Sod had been a group attack with him being outnumbered five to one.
That he was admitted to the hospital for six weeks with two of his toes being amputated.
The total amount of compensation which had been sought by the victim’s family was K15,000 but lawyer representing the accused Bernie Meten from Meten Lawyers had submitted that the court lacked the power to order a compensation of that amount as the Criminal Law (Compensation) Act 1991 imposed a limited of K5000.
However in Justice Cannings judgement on sentence, he said he had difficulty with Mr Metten’s submission that the amount of compensation was limited to K5000 by virtue of Section 5 (3)(b) of that act.
He said he had considered the compensation demand by the victim of K15,000 not to be outlandish especially as Sod had been maimed for life as a result of the attack.
However, Justice Cannings said under all circumstances he did consider it to be excessive considering the capacity of the offenders to pay.
He said the court must arrive at a realistic amount that will achieve real reconciliation and lasting peace in the community hence the amount be fixed at K6000 of which K3000 be
paid by each offender in instalments plus one pig each and food stuff.
He said with the entire sentence of four years being suspended , that each offender must ensure that each and their relatives ensure that K1000 cash each be paid by the offenders within a month.
Further, that within six months after the date of sentence participate in a reconciliation ceremony with the victim to be witnessed by the village court and probationary office.
He said during that time that they pay the balance of K2000 each and one pig each to the victims, as well as 12 chickens and foodstuff.