N11272
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

HRA NO 14 OF 2025

APPLICATION BY KEITH LASI AERA

WAIGANI : CANNINGS J
22 APRIL, 2, 5 MAY 2025

HUMAN RIGHTS – right to full protection of the law, Constitution, s 37(1) – prisoner whose death sentence was commuted to life imprisonment still detained under original warrant of commitment issued by National Court – application for new warrant of commitment and declaration as to parole eligibility. 

The applicant prisoner was sentenced to death in 2016 but in 2022 his death sentence was commuted to life imprisonment. Nothing has been done to give effect to the altered sentence. The applicant sought a fresh warrant of commitment. He also applied for a declaration that he is eligible for parole.

Held:

(1)	To enforce the right of the applicant to the full protection of the law under s 37(1) of the Constitution and to give effect to the decision to commute the death sentence to life imprisonment, it was ordered that the original warrant of commitment issued by the National Court be set aside and replaced by a fresh warrant of commitment, showing the sentence as life imprisonment.

(2)	As the applicant was sentenced on 12 February 2016, prior to commencement of the amendments to the Parole Act which removed parole eligibility from prisoners serving life sentences, he is entitled to have his eligibility for parole determined in accordance with the regime that applied to prisoners prior to the amendments to that Act that commenced operation on 28 November 2018:  he is eligible for parole after serving ten years imprisonment.

(3)	There was no evidence of any pre-sentence period in custody, so the date of sentence must be regarded as commencement of the ten-year period. His date of parole eligibility was declared to be 12 February 2026.

Cases cited
The following cases are cited in the judgment.
Ben Simakot Simbu v Commissioner of the Correctional Service (2024) N11095
Application by Wesley Yanduo (2025) N11265

Counsel
B Shem for the applicant

1.     CANNINGS J: Keith Lasi Aera is a prisoner at Bomana Correctional Institution. He was convicted at Waigani of wilful murder and sentenced to death on 12 February 2016. An appeal to the Supreme Court against sentence has been dismissed. 

2.     On 11 May 2022 his death sentence was commuted to life imprisonment by the Governor-General in accordance with a recommendation from the Advisory Committee on the Power of Mercy (National Gazette No G360 of 11 May 2022).

3.     He has made an application for enforcement of human rights. He seeks two things. First, a fresh warrant of commitment, as he claims that he is still detained under the original warrant of commitment showing that he is sentenced to death. Secondly, he seeks a declaration that he is eligible for parole.

WARRANT OF COMMITMENT 
4.      Inspection of the applicant’s Correctional Service detainee file, which has been admitted into evidence, confirms that nothing has been done to amend the terms of the applicant’s detention. He is still detained under the original warrant of commitment, which shows that he is sentenced  to death. I have no problem in granting a fresh warrant of commitment, which will reflect the sentence of life imprisonment he is now serving. 

ELIGIBILITY FOR PAROLE

5.     I follow the approach I took in the cases of two other death row prisoners, Ben Simakot Simbu v Commissioner of the Correctional Service (2024) N11095 and Application by Wesley Yanduo (2025) N11265.

6.     As the applicant was sentenced on 12 February 2016, prior to the 2018 amendments to the Parole Act which commenced operation on 28 November 2018 (which removed parole eligibility from prisoners serving life sentences), his eligibility for parole is determined in accordance with the regime that applied to prisoners prior to 28 November 2018. 

7.     The former s 17(1) of the Parole Act stated:

(1) Subject to this Act, a detainee who–

(a)	having been sentenced to a term of imprisonment of less than three years–has served not less than one year; or
(b)	having been sentenced to a term of imprisonment of three years or more–has served not less than one third of the sentence; or
(c)	having been sentenced to life imprisonment or detention during Her Majesty’s pleasure–has served not less than 10 years,

is eligible for parole.

8.     The applicant is eligible for parole under the former s 17(1)(c) when he “has served not less than 10 years”.

9.     There is no evidence of any pre-sentence period in custody, so the date of sentence must be regarded as commencement of the ten-year period. His date of parole eligibility is 12 February 2026.

ORDER

10.     To enforce the right of the applicant to the full protection of the law under s 37(1) of the Constitution and to give effect to the decision of the Governor-General in accordance with a recommendation from the Advisory Committee on the Power of Mercy published in National Gazette No G360 of 11 May 2022 to commute the death sentence passed by the National Court to a sentence of life imprisonment, it is, pursuant to s 57(3) of the Constitution, ordered that:

(1)	The warrant of commitment issued by the National Court, which sentenced the applicant to death, is set aside and replaced by a fresh warrant of commitment, deemed to be issued on 12 February 2016, in the following terms:

Length of sentence imposed	Life imprisonment 	
Pre-sentence period to be deducted	Nil	
Resultant length of sentence to be served	Life imprisonment	
Amount of sentence suspended	Nil	
Time to be served in custody	Life imprisonment	
    
(2)	The applicant will be eligible for parole on 12 February 2026.

(3)	The Jail Commander, Bomana Correctional Institution, shall ensure that by 5 June 2025:

(a)	a sealed copy of this order is placed on the applicant’s detainee file; and
(b)	the detainee file and all other relevant files and records are amended to show that the date of eligibility for parole is recorded as shown in this order.

(4)	The matter shall be called on 12 June 2025 at 1.30 pm to check compliance with this order. 
__________________________________________________________________
Lawyer for the applicant: Public Solicitor