Kukubak v Moroca [2007] PGDC 68; DC593 (14 June 2007)

DC593

PAPUA NEW GUINEA
[DISTRICT COURT OF JUSTICE
SITTING IN ITS GRADE FIVE CRIMINAL JURISDICTION]

GFCr 43 - 46 OF 2006

BETWEEN

CONSTABLE MICHAEL KUKUBAK
Informant

AND

ALIKI MOROCA
First Defendant
AND

KALIVATI MURIATABUA
Second Defendant

AND

MANASA DUMUCOTO
Third Defendant

AND

JOLAME FUKIREVA
Fourth Defendant

Buka: B Tasikul
2007: 14 June

Reference
Criminal Code Act
District Court Act

Cases cited
Backley Yarum -v- Sylvester Euga

Counsel
Constable Reuben Kueng, for the Informant
Defendants in Person

RULING ON COMMITTAL MATTER

1. B TASIKUL: The four (4) accused are charged with two (2) counts each for: One (1) Did each and severally without the permission of the Prime Minister, unlawfully drilled the U-Vistract Mekamui Defence Force to the use of arms and the practice of military exercise, contravening to s 53(1), s 53(a), s 53(i) and s 53(ii) of the Criminal Code Act. Two (2) Did each and severally assist Noah Musingku to organize a military force, contravening to s 51(1), s 51(i), s 51(b) of the Criminal Code Act.

2. The nature of this proceeding was through committal hearing as provided for under the District Court Act. The manner in which the hearing was conducted was through gathering of evidence by the investigating officer and tendering of the file to the court for consideration, whether there is sufficient evidence to commit each of the defendants to stand trial in the National Court.

3. I am satisfied that each of the accused have been served with the files on the 5 June 2006 in which a proof of service was endorsed on the same date.

4. The whole purpose of committal proceeding in our jurisdiction is clearly stated in the case of Backley Yarume -v- Sylvester Euga (1996) N1476, Davani Akuram, J. as:

"The whole purpose of committal hearing is to gather evidence and asses it to see whether it is sufficient to commit the accused for trial."

5. According to files tendered in court, police obtained statements from eleven (11) witnesses. They are James Dising, Julius Siuhu, Augustine Merekua, Benjamin Kiaku, Elijah Tutoh, Joseph Noro, Patrick Haromate, Glen Tovirika, Bernard Potugah, Joe Parugei, Sgt. John Popui, Const Mark Jongai and First Constable Michael Kukubak.

6. Also tendered are list of exhibits which include record of interviews, photographs, media release of post courier and declaration.

7. According to James Dising, he had been in Tonu Health Centre for four (4) months and had observed the accused had been carrying out military training to youth on the area. They normally started at 6.00 am till 3.00 pm. During the training they were seen carrying high powered weapons regularly.

8. The training involved target shooting, stripping of weapon, encounter attack on enemy and etc.

9. The other witnesses stated that they themselves were involved in those trainings and have witnessed what the accused have taught them. I also notice from the statement of two (2) government officers who visited the area what they observed during their visit with the former late Chief Administrator. There were photographs taken at that time which were submitted as evidence which clearly shows the defendants standing in parade.

10. I further noted from the records of interview which were obtained by the investigating officer that accused have admitted to some question asked.

11. Having said that I must remind myself that the role of this committal court is to investigate the strength of the case mounted by the state to see whether there is sufficient evidence to commit the defendant to stand trial.

12. In this regard, having considered all the evidence before me, I am satisfied beyond doubt that there is sufficient evidence and a prima facie case to commit the defendants each to stand trial in the National Court.

13. Section 96 of District Court Act is administered to the accused respectively. I therefore hereby commit each and several of you to stand trial for the two (2) charges mentioned above in the National Court of Justice on a date and time yet to be fixed.

14. Each of you is remanded in custody.

Prosecutor
Defendants in Person