The State v Titus Kep, Peter Ben, Kowi Tum, Paul Teke and Philip Womi (2004) N2616

• Jurisdiction: Papua New Guinea
• Judge: Sevua J
• Judgment Date: 08 June 2004
• Court: National Court
• Citation: (2004) N2616
• Year: 2004
• Judgement Number: N2616

Full Title: The State v Titus Kep, Peter Ben, Kowi Tum, Paul Teke and Philip Womi (2004) N2616

National Court: Sevua J

Judgment Delivered: 8 June 2004

1 CRIMINAL LAW—Sentence—Demanding compensation with threats of violence with intent to extort—Demand of more than half a million kina to be paid within 7 days—Threats of violence and killing against other employees—Threats of violence against company officials—Stealing of company vehicles—Detention of vehicles until demand satisfied—Offence not very prevalent—Custodial sentence necessary to deter on economic consideration to the nation.

2 Gimble v The State [1988–89] PNGLR 271 referred to

___________________________

N2616

PAPUA NEW GUINEA

[In the National Court of Justice]

CR 212 of 2003

CR 441 of 2003

CR 443 of 2003

CR 444 of 2003

&

CR 445 of 2003

THE STATE

-ats-

TITUS KEP, PETER BEN, KOWI TUM

PAUL TEKE & PHILIP WOMI

Kimbe : Sevua, J

2004: 7th & 8th June

CRMINAL LAW – Sentence – Demanding compensation with threats of violence with intent to extort – Demand of more than half a million kina to be paid within 7 days – Threats of violence and killing against other employees – Threats of violence against company officials – Stealing of company vehicles – Detention of vehicles until demand satisfied – Offence not very prevalent – Custodial sentence necessary to deter on economic consideration to the nation.

Case referred to

Gimble v The State [1988-89] PNGLR 271

Counsel

F.Popeu

O.Oiveka

8th June 2004

SEVUA, J : The five accuseds pleaded guilty to, and were convicted yesterday morning of a charge that they, on 25th June 2002 at Kapiura Plantation near Kimbe, with intent to extort, and with threats of violence demanded compensation of more than half a million kina from New Britain Palm Oil Limited, contrary to s. 390A (a) and (b) (i) and (ii) of the Criminal Code Act, a crime which carries the maximum penalty of 7 years imprisonment.

The factual circumstances leading to the commission of this offence which the prisoners admitted are these. On 25th June 2002; a motor vehicle accident occured at Ubai between the main Bialla – Kimbe Highway. The collision involved a PMV owned and driven by the deceased, Kisa Purara and a truck belonging to New Britain Palm Oil Limited. As a result, the PMV owner/driver, Kisa Purara and two others died from injuries sustained. Other passengers also suffered personal injuries. Then on 1st July 2002, the five accuseds and other Southern Highlanders issued a written demand for compensation in the sum of K596, 937.72 to Mr. Nick Thompson the Managing Director of New Britain Palm Oil Limited to be paid within 7 days.

On 8th July 2002, the five accuseds and other Southern Highlanders mobilized themselves and issued threats against other employees of the company and prevented them from going to work with the use of threats and force. They then threatened and intimidated company officials and confiscated the keys to three Toyota Land Cruisers, one Shangai Tractor and four Volvo Oil Tankers and drove them to Bilomi Plantation where they detained the vehicles. The accuseds demanded that the sum of K596, 932.72 be paid to them if not they would continue to detain the vehicles.

The prisoners elected to remain silent in allocutus and allowed their counsel to speak for them.

Mr. Oiveka then took the Court through the personal antecedents of each prisoner and asked the Court to take these into account on sentence.

Titus Kep is 28 years old and married with two wives and two children. He comes from Kar village in Poroma, Southern Highlands Province. He is illiterate and unemployed. Prior to this offence, he was employed by New Britain Palm Oil Limited (the company) at Kapiura Plantation from 1991 to 1996. Until yesterday, he resided at Giriti Plantation between Bialla and Kimbe. Peter Ben is married with two wives and one child. One wife resides at home in Kar village, whilst the other resides at Haella Plantation between Talasea and Kimbe. He was educated to Grade 6 only in 1986. From 1999 to 2002, he was employed by the company at Kapiura Plantation as a harvester of oil palm fruits. Since the offence he has been unemployed, and until yesterday, resided with relatives at Haella Plantation. Kowi Tum is married with five children and is from Fins village, Mendi. He has no formal education and was previously employed as a fruit harvester at Bilomi Plantation from 1999 to 2002 until this offence. He is presently unemployed and resided at Giriti Settlement near Kapiura. Paul Teke comes from Semin village, Nipa and is married with five children. He is uneducated and unemployed. His previous employment as a labourer was at Kapiura Plantation from 1998 to 2002, but was terminated as a result of this offence. His wife works as a labourer at Karausu Plantation between Kimbe and Bialla. And finally, Philip Womi is a 28 year old single labourer, who until yesterday, was still employed at Kapiura Plantation. He has no formal education and also comes from Semin village in Nipa.

Mr. Oiveka submitted that all the prisoners are first time offenders with no record of prior criminal conviction. They were of good character until they committed this offence. The written demand was signed by another person who has not been arrested, however the prisoners were the leaders therefore were arrested and charged although, there were other employees from Morobe who were also involved. Counsel reiterated that the compensation demand stemmed from the road accident which the State had alleged, and the offence committed was their demand to the Managing Director of New Britain Palm Oil Limited.

Counsel for the prisoners submitted that the maximum penalty under s. 390A is 7 years imprisonment, but urged the Court to exercise its discretion under s.19 of the Code and impose non – custodial sentences on his clients. He said from instructions that the prisoners are willing to do community work for the company without remuneration. It was further submitted that all the vehicles have been returned.

In the event that the submission for non – custodial sentences is rejected, counsel submitted that the periods spent in custody prior to the release on bail should be taken into account and deducted from the head sentence. These are; 2 months 2 weeks for Titus Kep; 2 months for Peter Ben; 2 months 2 weeks for Kowi Tum; 3 months for Paul Teke and 3 months for Philip Womi. Each prisoner was released on a K100.00 cash bail after waiting for the period alluded to in respect of each one respectively.

I have considered and taken into account the personal antecedents of all the five prisoners. Whilst it is noted that they are uneducated and unsophisticated, what they did was very serious in my view. Using threats of violence and force against innocent employees and executive officials of the company is not a civilized way of doing things. I cannot ignore the trauma caused in a situation where there was wide spread threats against employees perpetrated by these prisoners and others. There was almost mayhem because there was a general atmosphere of anarchy because the prisoners, led by Titus Kep, were running around with the stolen vehicles issuing threats to kill and sabotaging the whole operation of the company. Even the initial intervention by police did not mean anything to the prisoners until police reinforcement was called.

There is evidence that Titus Kep was the ring leader of the Southern Highlanders and Morobeans and other employees who...