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Aitakoe v Akita [2005] PGDC 67; DC346 (4 March 2005)

DC346

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE 167 OF 2005

BETWEEN

Josephine Aitakoe
Complainant

V

Alex Akita
Defendant

Port Moresby: Gauli, Magistrate
2005: February 15, March 3rd, 4th

Counsel
For the Complainant: In Person
For the Defendant: In Person

DECISION OF THE COURT

Nature of the Complaint

The defendant had harassed, threatened, insulted and physically assaulted the complainant without any good reason. The complainant seeks order to restrain the defendant.

Brief Facts

The complainant and the defendant are a wife and husband. They were both married in November 1978. In August 1979 a bride price was paid by the defendant at Vailala village in the Western Province. Later their marriage was solemnized in April 1985 by the Catholic Church in Mumeng District, Morobe Province.

The complainant is a Community Health Worker with the Health Department and attached to Ward 4 at Port Moresby General Hospital. The defendant is an ex-policeman. He joined the Police Force in 1977 June 28 and retired on 4th July 1988. He held several other jobs thereafter as a Security Officer until his resignation in January 2004.

During their marriage the couple encountered a lot of unsolved marital problems from 1984 to January 2004. In May 2004 the defendant returned to his home village at Ihu District, Gulf Province leaving the wife in Port Moresby with her own relatives.

In 1996 the complainant was suffering from asthma and hypertension. The defendant accused her of having sex with other men resulting in this illness. In 2000 he accused her of having sex with their elder son. He went on swearing, threatening and abusing her and the children. On or about 6th April 2001 the complainant obtained restraining orders against the defendant but he could not change.

On the 14th and 15th December 2001 the defendant confronted the complainant at her place of work and put an argument with her. On 16th December 2001 the defendant by phone accused her of leaking other men’s penis before going home to have sex with him after work. He even accused her for quickly submitting to other men when they ask her for sex.

Most recently on the 8th January 2005 the defendant had an heated argument with the complainant’s brother regarding the bride price payment. On the next day the 9th January he accused her of being a prostitute in the presence of the policemen at Sabama. On the 10th January he offended by saying that she had a HIV Aids virus and that is destroying her body.

On the 11th January he confronted her at her place of work at Ward 4 Port Moresby General Hospital, argued with her and punched her on the head and dragged her down on the floor causing her uniform shirt to tear in the presence of her work mates and the patients. On 17th January again he confronted her at her place of work, threatened and abused her. As a result of the defendant’s violent and aggressive behaviour the complainant seeks order from this Court to restrain him.

Evidence

Both parties have provided written affidavits or statements to this Court and they wish to rely on those as their evidence. Parties also intended not to cross-examine the deponents of these document instead they have asked the Court to make a decision based on the evidence filed. The Court therefore accepts the affidavits and the statements as filed as evidence before this Court. The complainant has filed the following documents in support of her case.

1. Her own affidavit dated February 2005.

2. Statement of witness John Kevevilla, Maria Kevevilla, Hellen Tawi, Willie Lava, and Josephine Aitakoe.

The defendant has no witness. He filed his affidavit dated 13th February 2005. the complainant’s evidence is basically as that outlined in the facts above. The defendant said that there had been a lot of arguments and unsolved problems from 1994 to 2004 which have forced him to return to his village in Ihu, Gulf Province in May 2004. Those arguments, he says, arose as a result of the following problems:-

• In March 1996 the defendant found magic spell words under his pillow which are used to attract men to have affairs with her.
  
• In April 1996 she had an abortion operation without the defendant’s consent and he has not sighted any of the operation documents.
  
• In May 2000 the complainant was been picked up after her nursing duties at night and end up in hotels and overnight there in adultery affairs.
  
• In April 2003, the complainant whilst living with her sister Aeake Maurake, she committed adultery with her sister’s husband.
  
• Between May to December 2004 the complainant had been sighted at her place of work moving around with unknown man several times, sometimes late nights or early hours after her work. She has been seeing drinking steam & pine drinks and has ignored the children outright.
  

The defendant states that the above information were fed to him by other people but the informants are not willing to give evidence to Court in these proceedings. The defendant has not provided affidavits from any of those people who had given him these information to establish if these allegations are true. I can only say that these are mere allegations without proof. These allegations may or may not be true but such information was given to him and these have caused a lot of instability between them. He who alleges must prove all that he alleges against the other. The defendant has failed to prove every allegations he made against the complainant. The complainant said that in 1996 she was hospitalized because she was suffering from asthma and hypertension but not for abortion as claimed by the defendant. I am not convinced by the defendant’s evidence at all.

In the recent incidents in the months of January 2005 on both the 11th and 17th day, the defendant assaulted and insulted the complainant at her place of work in the presence of her workmates and the inpatients.

The defendant admitted these incidents however he said he assaulted and insulted her because the complainant refused to talk to him when he sent word for her to talk about a new shelter for her and the children. This is quite amazing. The defendant has left the complainant in about May 2004. He went back to his own province because of a lot of unsolved problems. And one of those problems, according to the defendant’s belief, is that the complainant is a HIV Aids person. He took all the children with him and left the complainant all on her own. I could see no logic in the defendant to go back after six or seven months later to assault the complainant.

From the evidence as presented before this Court, I find that the defendant is a violent man and that he is a real threat to the complainant’s life and her work. And this Court is of the decision that it is appropriate that the defendant be given restraining order. Accordingly the Court orders that the defendant be restrained from harassing, threatening, assaulting, insulting, or intimidating the complainant at anywhere anytime for a period of two years.

Ordered accordingly