In Disgrace

Papuan Constable Makes History by Using Axe on A Biting Pig

TT\HE integrity and trustworthiness l X of the Royal Armed Con- j stabulary of Papua have rarely l been in question during the unit’s] long record, extending over several decades.

Therefore, the action of the\ Authorities, in January, in charg-i ing two members of the force with\ murder, caused a painful shock to the people of the Territories. It was as if something as dependable] as the Constitution had been under-] mined.

However, a close examination of the facts, and a judgment by Mr.

Justice Bignold in relation to the case, are reassuring. The incident seems to have been caused by a series of accidents, and too hasty i judgment by a native constable in an emergency.

Mr. Justice Bignold gave the fol- 1 lowing judgment in Port Moresby on March 13, after a hearing ex-\ tending over eight days. The casei is valuable, as showing (a) the very difficult situations which still may confront the police in Papua-New Guinea; and (b) the care taken by the Administration in protecting both natives and police: The accused in this case (said the judge) are two armed constables, Su’Yae and Kelembe, charged jointly that on December 19, 1952, in the Territory of Papua they murdered a native, Mowatai. The facts in the case are as follows: That morning a patrol in charge] of Mr. Assistant District Tolhurst was proceeding in the Goilala District from Aporata Rest House to the Ariome Rest HouseJ The District has been for years under Government and Mission in-l fluence and Mr. Tolhurst elected to send the police with the carriers on ahead of him. Mr. Tolhurst him-l self proceeded along in their rear! but out of sight, as the road is full of bends.

The patrol, thus proceeding, was headed by armed constable Kelembe, and strung out behind him were the carriers with the other accused armed constable Su’Yae at the rear of the carriers.

A peaceful party of unarmed; natives (except for an axe carried by Mowatai and some knives carried! by the women) was proceeding in the opposite direction to the patrol! making for Tapini, in preparation for the Christmas Season.

The villagers included women as well as men, and the VC (Villager Constable) Laumane, together with his wife, and a pig which they were : taking along to the Mission at Tapini.

On meeting the leading member:

•f the patrol, the accused Kelembe, he Village Constable shook hands vith him, exchanged pleasantries .nd made a gift of food to him and he carriers. It was a peaceful and tappy occasion,

A Leg-Biting Pig

The villagers then moved on to wards their destination and the latrol continued in the opposite irection. The villagers then passed tie remainder of the carriers and ame upon the other accused, u’Yae. Su’Yae had his rifle slung ver his shoulder and carried an xe in his right hand.

The pig had shown a disposition ) bite the legs of the carrier, so u’Yae has testified (though it is enied by the villagers); and in ay case, he thought the pig should ot be on the road at all.

The pig, walking beside the illage Constable’s wife, approached ii’Yae who, believing it was going > bite him, warded off the animal ith the flat of his axe. Su’Yae is explained to the Court that the ce had sharp corners and that lese corners cut the pig accidentally.

The evidence favours the con usion that in fact Su’Yae delib ately struck the pig, and the iture of the injury to the pig de ribed by the witnesses seems in insistent with the wound being of i accidental nature. Natives stomarily handle axes with con mmate skill, and their long asso

elation with axes makes them so adept at their use that accidental deep cuts can hardly occur in the way Su’Sae describes. In spite of this, however, I resolve this aspect in the accused’s favour: namely, that he in jured the P*g accidentally.

Ronstart F Attaptcfn

a hacked The gross injury to the pig, which died almost immediately, greatly annoyed its owner, the Village Constable Laumane, to whom the policeman’s act seemed wanton and highhanded.

Following the death of the pig the Village Constable, with some of the other villagers, followed the armed constable, no doubt with mountin'* anger.

Then there is a marked diverg ence in the evidence. Su’Yae says was seized from behind and thrown on the ground before he had time to turn around. The villagers say, on the other hand, that he turned round and aimed at the Village Constable as if to shoot him.

I am convinced that the villagers’

account of this is the correct one; and it is difficult to conceive that the constable, followed by angry villagers talking loudly amongst themselves, would have permitted them to seize him from behind.

The evidence shows that the village constable intended to arrest the policeman, who denied injuring the pig. This intention, of course, would not be manifest to the police man, who looked at it as a murd erous attack upon him.

When the rjfle was aimed at the Village Constable, the Village Con stable seized the muzzle, and a struggle ensued. It has been said in evidence that the policeman discharged the rifle, injuring the Village Constable’s finger, which was over the muzzle. I reject this.

If the firearm had been discharged it seems plain that Mr. Tolhurst, who was not far behind, would have heard it.

Su’Yae says that when he was on the ground, with the Village Constable on top of him, two blows were aimed at him with an axe.

The evidence satisfies me that this is incorrect, and that those engaged in the struggle with him carried no weapons at all.

I am prepared to believe perhaps that in the confusion Su-Yae may have thought that such blows were struck at him. But the alleged marks of axe blows shown by him to Mr. Giles were painfully uncon vincing, and his failure to show Mr. Giles the axe mark on the

ground where it was alleged the axe-head buried itself is significant.

There Was Shooting

Whilst the accused, Su’Yae, was on the ground, the Village Constable handed Mowatai the rifle, and Mowatai started to run off with it.

At this very moment, Kelembe (having been warned of the situa tion) came into sight of the con

stable on the ground with the! villager on top of him, and he fired! his rifle in the air, causing Mowataii to drop Su’Yae’s rifle. Su’Yae at! this time threw off his assailants] and, swinging his axe about (which! he had managed to retain) he put! them to flight.

He ran over and recovered his] rifle, which was not far away, and] there can be no doubt whatever!

iat, angered by what had taken lace before, which he construed i be a murderous attempt upon is life, he moved on to some igher ground and deliberately lot the fleeing Mowatai (who had ;ver been engaged in the attack Don Su’Yae) and then in quick iccession he shot the other two seing unarmed villagers, Village Dnstable Laumane and Lariava irho were wounded —not fatally). e then fired two shots in the air, did Kelembe.

The accused Kelembe, suddenly ■esented with an emergency, )pears to have acted promptly, th good sense and restraint, in •ing into the air, and the only her shots he fired were two other ots fired later on, in a similar ly. I am satisfied from the evid ce that the accused Kelembe is t guilty, and so I find him, and is discharged.

Fhe evidence satisfies me beyond reasonable doubt that the accused ’Yae is guilty; but, as a jury tak l into consideration all the cir mstances, I find him guilty of inslaughter only. The evidence :isfies me that he is a native nperamentally unsuited to the ssession of firearms. !n sentencing Su’Yae to 18 mths’ imprisonment, the judge d he had made the sentence tit, in view of Su’Yae’s good re d in the police force. Although ! constable was no doubt under ‘ impression that he had been acked he had fired on unarmed, ;ing people.