Cops jailed, sacked for forcing woman to swallow condoms
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| Image for illustration only. |
Cops jailed, sacked for forcing woman to swallow condoms
PORT MORESBY: The police are suppose to uphold law and order and protect the people’s rights.
But a policeman and his woman colleague abused their power and forced a woman to chew and swallow three condoms in the Boroko police station on Dec 4, 2015.
Justice Panuel Mogish brought the case to a closure on Wednesday (Aug 14, 2019) by jailing the duo 18 months and ordered them to be sacked from the police force.
PNG Cyber Monitor reproduces below the details of the ‘condom’ cops as reported by The National:
‘Condom’ cops jailed
TWO police officers were jailed 18 months by the Waigani National Court yesterday for forcing a woman to chew and swallow three condoms in 2015.
Justice Panuel Mogish also ordered Joshua Yawijah and Jacklyn Tanda to be dismissed from the force.
“Police officers are supposed to uphold human rights, not abuse their powers,” he said.
Yawijah and Tanda, both probationary police officers, recorded a video of the woman’s ordeal of chewing and swallowing the condoms and posted the it on the Internet.
Mogish sentenced the duo for one count of unlawful deprivation of personal liberty, two counts of forcing a person to do indecent acts and one count of abuse of office.
“You did not formally arrest and charge the complainant for an offence, but instead you forced her to eat and swallow the condoms,” he told the duo.
“Then you took videos and posted it on social media for the world to see.
“You abused your office as well as the rights of the complainant by this disgusting act.
“It has now become a norm for police officers to assault and abuse people freely.
“Problems in the police force are beyond the control of the police commissioner or the police minister. Every police officer should be reminded to uphold human rights.”
Mogish said the aggravating factors were that Yawijah and Tanda committed the offences in a police station (Boroko Police Station) and posted the video on social media.
He said the mitigating factors were that both were first time offenders and had expressed remorse after being convicted.
“They have shown the capability of rehabilitation and most of all they both have young families to look after and provide for,” he said.
Yawijah, 25, from Pangia, Southern Highlands has two children and Tanda, 26, from Wabag, Enga, has a three-month-old baby.
“Before you commit a crime, always think about your family.”
Mogish said that since they would be dismissed from the force, a lesser sentence should be appropriate, considering the welfare of their children.
He suspended 15 months of the jail sentence and ordered them to serve three months in prison and pay K2,000 each to the complainant, in default of serving the full jail sentence.
Yawijah and Tanda were found guilty in April for committing the offences on Dec 4, 2015.
The duo will serve three months at Bomana Prison and serve another 15 months on good behaviour bond.
Justice Panuel Mogish also ordered Joshua Yawijah and Jacklyn Tanda to be dismissed from the force.
“Police officers are supposed to uphold human rights, not abuse their powers,” he said.
Yawijah and Tanda, both probationary police officers, recorded a video of the woman’s ordeal of chewing and swallowing the condoms and posted the it on the Internet.
Mogish sentenced the duo for one count of unlawful deprivation of personal liberty, two counts of forcing a person to do indecent acts and one count of abuse of office.
“You did not formally arrest and charge the complainant for an offence, but instead you forced her to eat and swallow the condoms,” he told the duo.
“Then you took videos and posted it on social media for the world to see.
“You abused your office as well as the rights of the complainant by this disgusting act.
“It has now become a norm for police officers to assault and abuse people freely.
“Problems in the police force are beyond the control of the police commissioner or the police minister. Every police officer should be reminded to uphold human rights.”
Mogish said the aggravating factors were that Yawijah and Tanda committed the offences in a police station (Boroko Police Station) and posted the video on social media.
He said the mitigating factors were that both were first time offenders and had expressed remorse after being convicted.
“They have shown the capability of rehabilitation and most of all they both have young families to look after and provide for,” he said.
Yawijah, 25, from Pangia, Southern Highlands has two children and Tanda, 26, from Wabag, Enga, has a three-month-old baby.
“Before you commit a crime, always think about your family.”
Mogish said that since they would be dismissed from the force, a lesser sentence should be appropriate, considering the welfare of their children.
He suspended 15 months of the jail sentence and ordered them to serve three months in prison and pay K2,000 each to the complainant, in default of serving the full jail sentence.
Yawijah and Tanda were found guilty in April for committing the offences on Dec 4, 2015.
The duo will serve three months at Bomana Prison and serve another 15 months on good behaviour bond.
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| Image for illustration only. For image text, go to https://www.indiatoday.in/mail-today/story/centre-cant-check-every-condom-pack-323575-2016-05-15 (Centre: Can't check every condom pack) |
Policeman, female cop found guilty of forcing woman to swallow condoms
PORT MORESBY: A policeman and his female colleague were found guilty of forcing a woman to chew and swallow condoms in their station on Dec 4, 2015.
National Court Justice Panuel Mogish found the duo guilty on Tuesday (April 16, 2019) and fixed April 25, 2019, for sentencing.
For abusing their powers in a police station, what sentencing do you think the judge should deliver?
Read this report published by The National for the details of the case:
Officers found guilty in condom-swallowing case
TWO police officers were found guilty of forcing a woman to chew and swallow condoms in 2015.
Probationary officers Joshua Yawijah, 25, from Southern Highland’s Pangia, and Jacklyn Tanda, 26, from Enga’s Wabag, were found guilty yesterday by the National Court in Bomana, Port Moresby.
Justice Panuel Mogish, who found the duo guilty of one count of unlawful deprivation of personal liberty, two counts of forcing a person to do indecent acts and one count of abuse of office and set April 25 for sentencing.
Mogish ruled that the main disputing factor in the case was their identity but “there is compelling evidence against them because the victim was able to identify them without doubt”.
“Also, according to the police duty roster, they were the only officers on duty at the time of the offence. I find the woman’s statement acceptable. She was not shaken during cross-examination and she was confident and sure when identifying the two accused,” Mogish said.
“They were (also) the only officers on night duty at the Boroko Police Station on Dec 4, 2015, when they committed the offence.
“The woman alleged that she was attending a party at Sky 9 Club at Boroko the previous night and was on her way to catch a taxi home in the early hours of the morning when she met two men.
“They were dressed as civilians and asked if she had any money. She said she did not have any money. They then told her that they were police officers and brought her into the station.
“They told her to sit while they emptied her purse and found some condoms.
“Yawijah then asked her if she was a sex worker and how many men she had slept with. He then forced her to eat a condom and swallow it. She said it was not for eating and she would not do as they say.
“Yawijah then grabbed an iron bar and hit it on the table and threatened her, so she ate the first one. Tanda did not do anything to stop it but instead laughed and filmed a video clip.
“The woman was then told to chew and swallow another condom and she did while Tanda laughed and took videos of her. The videos went viral on social media and sparked a lot of speculation.”
Tanda, in her defence, said she was at the scene but did not do anything.
Yawijah said he was not the offender because he was in Southern Highlands at that time.
Mogish, however, refused their denial and said he accepted the woman’s statement plus the police investigator’s report.
He said Tanda “admitted being at the scene”, and according to the police report, she was the only female officer on duty on Dec 4, and the victim also identified her.
“The victim said you were laughing while taking the video, which I accept, because your voice was also recorded in the video,” Mogish said.
Mogish said Yawijah was not in Southern Highlands at that time because his name was on the duty roster from Dec 4 to 7, and he booked a flight to Mt Hagen on Dec 9.
Probationary officers Joshua Yawijah, 25, from Southern Highland’s Pangia, and Jacklyn Tanda, 26, from Enga’s Wabag, were found guilty yesterday by the National Court in Bomana, Port Moresby.
Justice Panuel Mogish, who found the duo guilty of one count of unlawful deprivation of personal liberty, two counts of forcing a person to do indecent acts and one count of abuse of office and set April 25 for sentencing.
Mogish ruled that the main disputing factor in the case was their identity but “there is compelling evidence against them because the victim was able to identify them without doubt”.
“Also, according to the police duty roster, they were the only officers on duty at the time of the offence. I find the woman’s statement acceptable. She was not shaken during cross-examination and she was confident and sure when identifying the two accused,” Mogish said.
“They were (also) the only officers on night duty at the Boroko Police Station on Dec 4, 2015, when they committed the offence.
“The woman alleged that she was attending a party at Sky 9 Club at Boroko the previous night and was on her way to catch a taxi home in the early hours of the morning when she met two men.
“They were dressed as civilians and asked if she had any money. She said she did not have any money. They then told her that they were police officers and brought her into the station.
“They told her to sit while they emptied her purse and found some condoms.
“Yawijah then asked her if she was a sex worker and how many men she had slept with. He then forced her to eat a condom and swallow it. She said it was not for eating and she would not do as they say.
“Yawijah then grabbed an iron bar and hit it on the table and threatened her, so she ate the first one. Tanda did not do anything to stop it but instead laughed and filmed a video clip.
“The woman was then told to chew and swallow another condom and she did while Tanda laughed and took videos of her. The videos went viral on social media and sparked a lot of speculation.”
Tanda, in her defence, said she was at the scene but did not do anything.
Yawijah said he was not the offender because he was in Southern Highlands at that time.
Mogish, however, refused their denial and said he accepted the woman’s statement plus the police investigator’s report.
He said Tanda “admitted being at the scene”, and according to the police report, she was the only female officer on duty on Dec 4, and the victim also identified her.
“The victim said you were laughing while taking the video, which I accept, because your voice was also recorded in the video,” Mogish said.
Mogish said Yawijah was not in Southern Highlands at that time because his name was on the duty roster from Dec 4 to 7, and he booked a flight to Mt Hagen on Dec 9.
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