The State v Benson Likius (2004) N2518

• Jurisdiction: Papua New Guinea
• Judge: Lenalia J
• Judgment Date: 08 March 2004
• Citation: (2004) N2518
• Court: National Court
• Year: 2004
• Judgement Number: N2518

Full Title: The State v Benson Likius (2004) N2518

National Court: Lenalia J

Judgment Delivered: 8 March 2004

1 Criminal Law—Misappropriation—Plea—Matters for consideration—Sentence—Criminal Code (Ch262) s383A(2)(b).

2 Wellington Belawa v The State [1988–89] PNGLR 496, The State v Paroa Kaia (1995) N1401, Brian Kindi Lawi v The State [1987] PNGLR 183, The State v Napilye Kuri [1994] PNGLR 371 referred to

___________________________

N2518

PAPUA NEW GUINEA

[In the National Court of Justice]

CR: NO. 521 OF 2001

THE STATE

-V-

BENSON LIKIUS

KOKOPO: Lenalia, J.

2004: 23, 2, 8 Feb, Mar.

Criminal Law – Misappropriation – Plea – Matters for consideration – Sentence

– Criminal Code s. 383 A (2)(b), Ch. No. 262.

CASES CITED

The following cases are cited.

Wellington Belawa -v- The State [1988-89] PNGLR. 496

COUNSELS

L Rangan, for the State

M. Peter, for the Accused

08th March 2004

LENALIA, J. The prisoner pleaded guilty to one count of misappropriating a sum of K68,679.06 the property of the Lihir Management Company an offence against s. 383 A (2)(b) of the Criminal Code.

The prisoner , Benson Likius (Benson for convenience) was employed by the Lihir Management Company in the New Ireland Province as a Payroll personnel. His employment history dates back to 1990 with the company and it started in Rabaul before the twin volcanic eruptions in 1994. The State say that between 25th February 1998 and 15th November, 2000, Benson devised a scheme to commit the offence he is charged with. An ex-employee of that company Harry Toruore was terminated by the company administration on 2nd October 1997. Quite orderly, that ex-employee’s name was deleted from the company payroll.

However, Benson being a company payroll officer himself set his hands on the records and re-activated Harry’s name into the company payroll. After reactivation of Harry’s name into the system, the accused then used the monies to be paid into his Bank of South Pacific Account No. 10 000 547 21. The reactivated transactions commenced on 25th February 1998 and ended on the last pay period ending on 15th November 2000. The total amount misappropriated during that period amounted to some K68,679.06.

On perusal of all the evidence on the file, the scheme devised by the accused was that he would activate Harry Toruore’s names onto the payroll temporarily each time the payroll was run and deleted immediately after each pay period. The company payroll system accepted and allowed this practice to happen so much so that it was easy for anyone to have access then manipulate the system. When the investigating team consulted the BSP Administration in Lihir, all monies deposited into Benson’s account were generated from the Lihir Management Company salary payments. It in fact meant that the prisoner was receiving two sets of salary payments, which were paid into his two separate accounts at his banks. It is possible that such monies were paid into the same bank.

When the Court requested the accused to say something in allocutus, Benson said, he commenced working with the company in 1990 and over the years, he was frustrated by the fact that his salary was never raised. A private vehicle owned by the prisoner was confiscated by his former employer. They also freezed his NPF entitlements of K20, or K21,000 contributions. His personal Saving Account containing K3,000.00 and an Interest Bearing Deposit of K5,000.00 were also freezed together with other company entitlements. Even his TV and a Radio sets were also taken away by the administration in the hope to re-coupe the amounts misappropriated.

Apart from the above the prisoner said, he is very sorry for what he did and said sorry to the State, the authority he offended against and the Court. The Court accepted these factors together with his guilty plea. Mr. Peter of counsel for the accused requested an adjournment to confirm the amounts and values of the properties confiscated so as to determine how much money should the prisoner repay to the company.

Merss Peter and Rangan addressed the Court on sentence on 2nd of this month. For the accused Mr. Peter submits that the Court ought to take into account, the accused’s guilty plea and he is a first offender married with children. He further submits the prisoner has suffered much since his termination. Amongst other matters the defence want the Court to consider is, the prisoner’s vehicle worth K34,000.00 had been confiscated by the prisoner’s former employers. His personal TV and radio sets have also been taken away by the company. The Provincial Labour Officer in Kokopo compiled a final entitlement assessment on the accused’s final entitlements and it works out to be K29,172.34. This is apart from the accused personal accounts and Interest Bearing Deposit held in BSP have also been freezed. The savings account contains over K3,000.00 in fact it is K3,682.90 and his IBD...