CONSTITUTIONAL and Law Reform Commission’s (CLRC) Secretary, Dr. Mange Matui stated that the CLRC will be consulting with the relevant stakeholders throughout the country on the issue of police brutality. And given that it is a serious national issue, the Commission will take a holistic approach.
The Secretary made this statement during the launching of the Issues Paper on the Terms of Reference 24 (TOR 24), Review of Laws relating to Vicarious Liability, focusing on police brutality in PNG. The Issues Paper is the result of the sudden spike in reported cases of police brutality which prompt the Minister for Justice and Attorney General, Hon. Pila Ninigi, to issue TOR 24.
Dr. Matui emphasized the importance of having open mind and fairness in approaching such an issue; “Lets always be fair when looking at this particular issue, as there are two sides to a coin and you would agree with me that when looking at victims of police brutality, we must understand that police are working in a very difficult and volatile environment”.
“With the increase in criminal activities, how do our police deal with these issues in our towns and cities in a reasonable and proportional way that should neutralize situations which result crimes?”
Given that Police officers are agents of the state, He added, “To what extent should the state go in incur liability of the officer whose act goes far beyond the normal course of duty”.
The Issues Paper launched provides a comprehensive analysis of current laws surrounding vicarious liability, focusing on police brutality, and through consultation, identify whether current laws comply with practice.
Consultations with stakeholders and the general public are now under way as the Commission along with relevant state agency representatives from the PNGRC, PNGDNPM, Office of the Solicitor General and the Public Solicitor are currently visiting selected provinces throughout the country to gather first-hand data on the issue.
Dr. Matui reiterated on the crucial role of impartially in treating the issue by accessing all necessary evidence and information from all sides including the state, the police and the general public. He further emphasized on state’s liability, “look at this issue from the perspective of the state, because at the end of the day a police officer is an agent of the state, where a police officer commits a crime, the state comes in and the state is vicariously liable for whatever conduct of that particular servant. Under what circumstances should the state incur this liability.”
“We have to look at these situations holistically when dealing with them; CLRC has an independent and impartial process to look effectively into these kinds of matter”, said Dr. Matui.
