Condemn payment for death: Judge
BY DAPHNE WANI
A National Court judge has condemned the practice of demanding compensation from an offender or his relatives involved in causing the death of another.
Justice Panuel Mogish said demanding payment for a death is now entrenched in most parts of the country and has become a culture, a norm where relatives publicly make their demands.
‘This is totally absurd and contrary to law. Every person has the full protection of the law and they are entitled to live in a peaceful environment without fear. This is a constitutional right,” Justice Mogish said.
He said the safety of the offender and his relatives will be held in ransom for failure to meet those demands.
“Their safety and well-being cannot be purchased through extortion or any form of threats. Such a practice should be condemned as being unlawful and unconstitutional. Compensation should never go past what the law states. If the law states K5000 to be the maximum penalty then the relatives should keep their demands within the ambit of the law,” Justice Mogish said.
He made this observation at the Waigani National Court last Friday when issuing a suspended two year sentence to Yaum Kiwo who pleaded guilty to dangerous driving causing the death of another man at Eight-Mile in Port Moresby in 2016.
He said the main reason for the suspended sentence is that more than the required amount was paid before plea was taken and that demonstrates genuine remorse.
The court heard that Kiwo paid K7000 to the relatives of the deceased who initially claimed K100,000 as compensation. The relatives of the deceased also claimed K300,000 from Curtain Brothers, owner of the vehicle.
Justice Mogish said the deceased was killed in a motor vehicle accident and any compensation whatsoever should be channeled through the Motor Vehicle Insurance Limited (MVIL).
He said their demand for more compensation from the offender must stop and they cannot demand any further compensation.
Justice Mogish also warned drivers of motor vehicles to take care when driving along any public street.
“They must exercise precaution and good judgment to avoid bumping into pedestrians and other road users. These days it is common to see drivers speeding in congested areas. This kind of reckless attitude must stop as the consequences are grave,” he said.
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