A professor of Law at the University of Juba has said the arrest of a ram by Lakes State police is the correct procedure, which is warranted by the law.
Geri Raimondo, who is also a former Justice of the Court of Appeal in the Judiciary says the step is necessary to force the owner to appear for settlement of the case.
Yesterday, the police spokesperson in Lakes State told Eye Radio that they are holding a ram accused of knocking dead a woman in Rumbek East over the weekend.
45 years old Adhieng Chaping attempted to stand up when she was repeatedly head-butted on her ribs by the aggressive animal.
The ram believed to be five years old pounced on the woman with its rock-hard face.
Commenting on the matter, Geri Raimondo says the arrest of a ram will force the owner to report to the police.
“An animal is under the responsibility of a human being and this human being is either a man or a woman. So if this animal committed wrongdoing, then the owner is the one to be answerable before the court of law,” Raimondo told Eye Radio.
“..Arresting a ram is to force the owner to come then to be told that your ram or your goat has done this and has done damage to somebody else. Then they will go for negotiation as settlement, how to settle,
“Are they ready for settlement of the matter or they want to go ahead to the court? After deliberation, if they resort to settlement, that is good then compensation is going to be paid but if they fail to settle the issue amicably, outside of the court then they have the right to continue in the court.”
South Sudan does not have a clear legal framework on how such cases are handled.
The state police said local customary laws suggest that any domestic animal that has killed a person is given as a compensation to the family of the deceased.
When asked by Eye Radio, Geri Raimondo said the country is using what he referred to as tort law.
“The law of tort is not only for South Sudan or Britain it is a universal law all over the World whether in Western countries or Eastern countries even in Islamic countries we are applying the same,” he said.
A tort is a wrongful act that injures or interferes with another person or property.
This includes negligence, where a person suffers harm because of another party’s failure to take proper care.
Geri Raimondo explains how relevant tort law for South Sudan is.
“By the way, we are members of the UN, we are one family. In the law of tort, there is no criminal intent. There is something called negligence, carelessness, harshness, and recklessness. Negligence means without care, without putting care.”
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