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In the Matter of Applications for Enforcement of Human Rights by Augustine Irie [2025] PGNC 73; N11215 (28 March 2025)

-N11215

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

HRA NOS 8, 9, 10, 12, 13 & 14 OF 2025

IN THE MATTER OF APPLICATIONS
FOR ENFORCEMENT OF HUMAN RIGHTS BY

AUGUSTINE IRIE, ROBERT IWO, MICHAEL BUSH,
PAUL KAIYOM, GIDEON NITA & CHARLES KELLY
Applicants

KIUNGA: 12 MARCH 2025
WAIGANI: 28 MARCH 2025

CANNINGS J

HUMAN RIGHTS – right to full protection of the law, Constitution, s 37(1) – prisoners serving sentences seek clarification of their due date of release.

The applicants are prisoners serving various sentences who sought clarification of their due dates of release from custody. They lodged human rights enforcement application forms and the court obtained the necessary documents from the Correctional Service and calculated their due dates of release.

Held:

(1) A prisoner’s due date of release is a matter of law, to be calculated by examining court and Correctional Service records and interpreting and applying provisions of the Correctional Service Act. Every prisoner has the right under s 37(1) of the Constitution to the full protection of the law and this includes the right to know with certainty their due date of release from custody.

(2) Orders made, declaring the due date of release of each applicant.

Cases cited

Application by Bona Umauma (2024) N10876
Application by John Varimai (2024) N11117
Application by Wendol Agua (2024) N11122
Applications by Hobai Haro & Lolo Bellamy (2024) N11096
Complaint by John Irekau (2013) N4958
Gideon Nita v The State (2020) SC1983

1. CANNINGS J: During the course of a Visiting Justice visit to Ningerum Correctional Institution, Western Province on 10 March 2025 a number of prisoners raised concerns about their due dates of release from custody (DDR). They were given human rights enforcement application forms (form 124 of the National Court Rules) to complete. On 12 March 2025 I conducted a brief hearing at Kiunga. Each form was noted and considered and the relevant documents from each applicant’s detainee file (the warrant of commitment issued in each case by the National Court) were presented to the Court by the Correctional Service. I reserved my ruling in each of the six cases.

2. A prisoner’s due date of release is a matter of law, to be calculated by examining court and Correctional Service records and interpreting and applying provisions of the Correctional Service Act. Every prisoner has the right under s 37(1) of the Constitution to the full protection of the law and this includes the right to know with certainty their due date of release from custody.

DUE DATE OF RELEASE

3. I have set out a two-step approach to determination of the due date of release (DDR) in many cases, starting with Complaint by John Irekau (2013) N4958. Recent cases in which that approach has been applied include Application by Bona Umauma (2024) N10876, Applications by Hobai Haro & Lolo Bellamy (2024) N11096, Application by John Varimai (2024) N11117 and Application by Wendol Agua (2024) N11122.

4. Step 1: Identify the date of the first sentence and add to it:

(a) the total length of all sentences, and
(b) the total length of all periods, if any, the applicant was at large,

to arrive at a gross DDR.

5. Step 2: Deduct from the gross DDR the periods that the applicant is entitled to have deducted, namely:

(a) any pre-sentence period in custody that a court has ordered under the Criminal Justice (Sentences) Act be deducted, and
(b) remission of sentence under s 120 of the Correctional Service Act, and
(c) any period of suspension of the sentence,

to arrive at the net DDR.

HRA 8/2025: AUGUSTINE IRIE

6. He was sentenced to 10 years imprisonment for rape on 22 August 2019. The pre-sentence period in custody deducted from the head sentence was 8 months.

Step 1

7. The date of sentence is 22 August 2019. To that date is added:

(a) the total length of all sentences – here there is only one sentence: 10 years; and
(b) any period the applicant was at large: here that is zero.

8. The gross DDR is 22 August 2019 + 10 years = 22 August 2029.

Step 2

9. From the gross DDR is deducted:

(a) the pre-sentence period in custody: 8 months; and
(b) remission of sentence, 1/3 x 10 years = 3 years 4 months; and
(c) suspension: zero.

10. The net DDR is 22 August 2029 minus (8 months + 3 years 4 months) = 22 August 2025.

HRA 9/2025: ROBERT IWO

11. He was sentenced to 20 years imprisonment for two counts of child sexual penetration on 26 October 2024. The pre-sentence period in custody deducted from the head sentence was 5 years 4 months.

Step 1

12. The date of sentence is 26 October 2024. To that date is added:

(a) the total length of all sentences, 20 years; and
(b) any period the applicant was at large: zero.

13. The gross DDR is 26 October 2024 + 20 years = 26 October 2044.

Step 2

14. From the gross DDR is deducted:

(a) the pre-sentence period in custody: 5 years 4 months; and
(b) remission of sentence, 1/3 x 20 years = 6 years 8 months; and
(c) suspension: zero.

15. The net DDR is 26 October 2044 minus (5 years 4 months + 6 years 8 months) = 26 October 2032.

HRA 10/2025: MICHAEL BUSH

16. He was sentenced to 16 years imprisonment for one count of murder on 26 October 2024. The pre-sentence period in custody deducted from the head sentence was 4 years 5 months.

Step 1

17. The date of sentence is 26 October 2024. To that date is added:

(a) the total length of all sentences, 16 years; and
(b) any period the applicant was at large: zero.

18. The gross DDR is 26 October 2024 + 16 years = 26 October 2040.

Step 2

19. From the gross DDR is deducted:

(a) the pre-sentence period in custody: 4 years 5 months; and
(b) remission of sentence, 1/3 x 16 years = 5 years 4 months; and
(c) suspension: zero.

20. The net DDR is 26 October 2040 minus (4 years 5 months + 5 years 4 months) = 26 January 2031.

HRA 12/2025: PAUL KAIYOM

21. He was sentenced to 23 years imprisonment for one count of persistent sexual abuse of a child on 21 October 2022. The pre-sentence period in custody deducted from the head sentence was 1 year 3 weeks.

Step 1

22. The date of sentence is 21 October 2022. To that date is added:

(a) the total length of all sentences, 23 years; and
(b) any period the applicant was at large: zero.

23. The gross DDR is 21 October 2022 + 23 years = 21 October 2045.

Step 2

24. From the gross DDR is deducted:

(a) the pre-sentence period in custody: 1 year 3 weeks; and
(b) remission of sentence, 1/3 x 23 years = 7 years 8 months; and
(c) suspension: zero.

25. The net DDR is 21 October 2045 minus (1 year 3 weeks + 7 years 8 months) = 31 January 2037.

HRA 13/2025: GIDEON NITA

26. He was originally sentenced by the National Court to 30 years imprisonment for one count of murder on 21 July 2015. His appeal against sentence was upheld and the Supreme Court reduced the sentence to 18 years imprisonment and issued a fresh warrant of commitment, which deemed his sentence to have commenced on 21 July 2015 with a pre-sentence period to be deducted of 1 year 10 months 1 week (Gideon Nita v The State (2020) SC1983).

Step 1

27. The date of sentence is 21 July 2015. To that date is added:

(a) the total length of all sentences, 18 years; and
(b) any period the applicant was at large: zero.

28. The gross DDR is 21 July 2015 + 18 years = 21 July 2033.

Step 2

29. From the gross DDR is deducted:

(a) the pre-sentence period in custody: 1 year 10 months 1 week; and
(b) remission of sentence, 1/3 x 18 years = 6 years; and
(c) suspension: zero.

30. The net DDR is 21 July 2033 minus (1 year 10 months 1 week + 6 years) = 14 September 2025.

HRA 14/2025: CHARLES KELLY

31. He was sentenced to 12 years imprisonment for one count of murder on 23 August 2019. The pre-sentence period in custody deducted from the head sentence was 1 year.

Step 1

32. The date of sentence is 23 August 2019. To that date is added:

(a) the total length of all sentences, 12 years; and
(b) any period the applicant was at large: zero.

33. The gross DDR is 23 August 2019 + 12 years = 23 August 2031.

Step 2

34. From the gross DDR is deducted:

(a) the pre-sentence period in custody: 1 year; and
(b) remission of sentence, 1/3 x 12 years = 4 years; and
(c) suspension: zero.

35. The net DDR is 23 August 2031 minus (1 year + 4 years) = 23 August 2026.

ORDER

1. It is declared that the due dates of release (DDR) calculated by the Court in respect of the applicants are:
   

Augustine Irie: 22 August 2025

Robert Iwo: 26 October 2032

Michael Bush: 26 January 2031

Paul Kaiyom: 31 January 2037

Gideon Nita: 14 September 2025

Charles Kelly: 23 August 2026.

2. It is ordered that, in respect of each applicant:
   
   • (a) if the DDR shown on the applicant’s detainee file is after the DDR calculated by the Court, the DDR on the applicant’s detainee file shall be replaced by the DDR calculated by the Court;
   • (b) if the DDR shown on the applicant’s detainee file is before the DDR calculated by the Court, the DDR on the applicant’s detainee file shall remain in force and shall not be amended.
     
3. The OIC Reception, Ningerum Correctional Institution, shall ensure that order 2 is complied with forthwith and shall by 4 April 2025 report to the Court via email addressed to the Senior Clerk, National Court, Daru, of the steps taken to comply with order 2 and provide evidence of that compliance.
   
4. These matters will return in Waigani for compliance check on 9 April 2025 at 1.30 pm.

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