​Police officers get 20 years for rape

The Wewak National Court has sentenced five police officers to a total of 87 years in prison on Tuesday after they were convicted in May for rape and arson.

Former Wewak Police Station commander, Chief Inspector Sakawar Kasieng, of Sibilanga Village, Sandaun Province, was sentenced to seven years for arson, while four of his officers were convicted for raping a 17-year-old girl at her family home on 7 December, 2013; they were sentenced to 20 years in prison each.

Former PSC Kasieng spent four months in custody prior to being sentenced on Tuesday. He will now spend 6 years and 8 months in hard labour.

Robin Weibi of Tomonoum Village, Nuku, Sandaun Province, Timon Kangapu of Hirae Village, Kopiago, Southern Highlands Province, Stanley Moui Jombu of Passam, East Sepik Province, and Nigel Tianguma Harvey of Mikarew area, Bogia, Madang Province, were each sentenced to 20 years.

They also spent four months in custody. They will now spend 19 years and 8 months in hard labour.

They were found guilty and convicted for aggravated rape when they sexually penetrated Elon Yaulimbong without her consent in her room at Kwanumbo Village in the early hours of 7 December, 2013.  

The victim, who is now 21 years old, gave evidence in court during the trial with her mother and father.

Her father was serving 40 years in jail for wilful murder when he and other prisoners escaped.

On 7 December 2013, at least 15 policemen, led by Chief Inspector Kasieng, with the assistance of civilian informants, conducted a dawn raid on a hamlet at Kwanumbo Village, Boikin, East Sepik Province. This was to capture a number of prison escapees, including the rape victim’s father. 

The court heard that during the raid, two houses were torched, items were stolen and the escapees were apprehended and tied up. One escapee had his leg shot at after he had been restrained.

The four named policemen then entered the victim’s house and raped her. Her hands and legs were held onto the floor as each one took his turn to sexually penetrate her without her consent.

When the victim’s mother complained to Chief Inspector Kasieng, she was told to shut up and on the Chief Inspector’s orders, she was assaulted and restrained by policemen.

Upon their arrest, Inspector Kasieng and the four policemen exercised their right to remain silent. 

Justice George Manuhu handed down the sentence on Tuesday in Wewak after he heard submission on the sentence by their lawyer on Monday this week.

During submissions on Monday, each of the convicted prisoners of the state expressed remorse and willingness to pay compensation.

Former PSC Kasieng owned up on his failure to control the operation, which resulted in the burning down of two houses, the shooting of Joel Pokip in the legs, and the sexual assault on the victim.

“In any case, the four of you knew the law and you knew that sexually assaulting someone is against the law. So the four of you cannot place all the blame on Kasieng,” Justice Manuhu told them in court yesterday.

The court also noted that it was not Kasieng’s first time in court. He had previously been in court for assault and he had failed to pay a court-ordered compensation. 

“These reports do not help him at all,” the court told him.

“Fortunately, the victim did not contract any sexual disease, she did not become pregnant, there is no evidence of any mental issues, and she did not suffer from any physical injuries. In relation to the burning down of Hemis’ house, there was no evidence on the value of the house. These are the factors that are in your favour. 

“Against you is that as policemen, you were charged with the responsibility to uphold the law and by virtue of that law, you have a duty to protect the citizens of this country. 

“But look at what you have done. You acted in contradiction to your duty and committed crimes against the people you were supposed to protect. 

“You acted like criminals, all of you,” Justice Manuhu told them in court.

He told them that the warrant issued by the Court did not authorise them to burn down houses and sexually assault the victim. 

“I don’t know what went through your heads in those two hours you were in the village. You have brought shame upon all of us as officers of the law.”   

He said the undisciplined behaviour of policemen is prevalent and destroying the country and that people are fed up of hearing about undisciplined policemen.

“But this case, is not about discipline, it’s about policemen behaving like criminals. Therefore, a custodial sentence is warranted. Compensation is not applicable. 

“This is also an appropriate case for a deterrent sentence to be imposed to send a clear message that undisciplined behaviour will not do you any good,” Justice Manuhu added.

The court, in deciding its sentence, took into consideration the risks they face in custody but was of the view that it is a management issue for the CIS to attend to under its own legislation and budget when issuing custodial sentence against them.

Author: 
Sally Pokiton