Debate arise over caning in Western province
Thur Jul 31, 2008 12:00pm
A court ruling in Tabubil, Western province, allegedly ordering the
caning of a husband for an offence of violence against woman is
sparking debates within the legal fraternity.
The offender was reportedly whipped 20 times across his bare buttock
as an alternative to imprisonment.
Magistrate, Patrick Monouluk said on court record that he had ordered
a 6 month custodial sentence for the husband for assault and causing
grievous bodily harm to his wife after she brought the matter to court.
Mr Monouluk said after the court concluded, the wife pleaded through
the prosecutor for her to whip her husband instead of him going to
jail because it will be a double punishment for her and her child who
rely on him as their bread winner.
Acting Chief Magistrate, Steven Oli and Acting Public Prosecutor,
Jack Pambel were two of the first members of the legal fraternity who
came out public to condemn the alleged ruling and said that caning was
not allowed by law.
Mr Oli said although it was the discretion of the magistrate on pleas
by the victim who might suffer double punishment, there is no
provision for the offender to be given that punishment. |
