Judge says there is no such thing as a licence to kill as he sentences a police officer to jail

A policeman has been sentenced to 15 years in jail at Bomana with hard labour for the murder of a young man at the Gaire Fish Market, Central Province.

 

When sentencing the police officer Japhet Muka from Jiwaka, Justice Panuel Mogish said indiscriminate killings by members of the police force involving State issued firearm is prevalent and immediately calls for a strong deterrent sentence as a form of deterrence.

 

Justice Mogish said there are many case precedents involving police officers charged with homicide offences involving the use of state issued firearms.

 

In all those cases, he said the Courts have treated this as a special aggravating factor warranting a custodial sentence.

 

The court heard that on Friday 26^th March 2021 between 7pm and 8pm, the accused police officer was at Gaire Fish market along the Magi Highway.

He saw the deceased who was drunk and behaving disorderly.

The accused Japhet Muka called the deceased over to him. At that time, Muka was sitting inside a police vehicle.

As the deceased came close, he opened the car door. The car door hit the deceased and caused him to fall onto the ground.

The deceased got up and ran to the opposite side of the road.

The accused police officer then got his police issued firearm and discharged a shot in the air and toward where the deceased was running.

Unfortunately, the deceased was hit on the head with a bullet from which he died.

The accused police officer was returning to  Port Moresby from Hula after escorting the body of the father of late judge Jim Wala Tamate.

Justice Mogish said the aggravating factors far outweigh the mitigating factors.

He said courts have consistently reminded law enforcement officers not to flout the law in the discharge of their constitutional duties.

These remarks have gone unnoticed by a minority of the police officers.

Justice Mogish said imposing 15 years jail term with a reduction on pre-remand time is intended to act as a stern reminder to police officers and other members of the discipline force or security guards in other private security firms.

They must exercise a high standard of duty of care to those around them when in possession of firearms.

 

He said there is no such thing as a license to kill.

 

They must exercise restraint in the use of these weapons against anyone.

 

Only in extreme circumstances can be excused or justified in discharging their weapons. One such circumstance is where a police officer acts in self defence where his life is in imminent danger.