Wenim v Anton [2009] PGDC 113; DC976 (8 December 2009)

DC976

PAPUA NEW GUINEA
IN THE DISTRICT COURT OF JUSTICE SITTING IN ITS CRIMINAL (COMMITTAL) JURISDICTION

COM 298-299 of 2009

BETWEEN:

YAA WENIM
Informant

AND:

AGNES BARU ANTON
Defendant

AND:

THERESIA INOGOI
Defendant

Madang: E Wilmot

2009: 08 December 2009

CRIMINAL - hand up brief – Accused is charged with the following; one count wilful murder contrary to Section 299(1); Question as to sufficiency of evidence to commit Accused to stand trial for the charges mention.

Cases Cited
List of Cases listed chronological Order

• SCR No. 34 of 2005 – Review Pursuant to the Constitution Section 155(20(b) the Application of Herman Leahy.
• Bukoya -v- State SC 887 (17 October 2007)
• Regina –v- McEachern [1967-68] PNGLR 48 (24 May 1967)
  

References
List of Legislation in Alphabetical Order

• District Court Act
• Criminal Code of Papua New Guinea
  

Counsel
Sgt Patrick Nanao, for the Informant
Agnes Meten (Public Solicitors) for the Accused

08 December 2009

E Wilmot DCM:

INTRODUCTION:

1. The Accused Agnes Baru Anton has been charged with one count of wilful murder contrary to Section 299(1) of the Code.
   

BRIEF FRACTS:

2. It is alleged that on Monday the 17th of August 2009 at about 3:00am the two accused walked into the dancing place at Karizoko village.
   
3. The observed Margret Baroga the deceased with the first defendant’s husband Anton Garima dancing. On leaving the dance floor they came near the two accused. They approached the deceased and her husband and upon nearing Agnes, she stabbed the deceased.
   
4. The crown came to assist the deceased but she had been stabbed. The accused Agnes then gave the knife to her mother Theresie Inogoi.
   
5. In the commotion the lights went out. When the light came out the deceased was stabbed three times. And the accused fled the scene of the incident.
   
6. The deceased died from the knife wounds.
   

ISSUE:

7. Whether there is sufficient evidence to put the Accused on trial for the offences to which the Accused is charged.
   

THE LAW:

8. Section 299 WILFUL MURDER of the code states:
   
   • (1) Subject to the succeeding provisions of this Code, a person who unlawfully kills another person, intending to cause his death or that of some other person, is guilty of wilful murder.
     
   • (2) A person who commits wilful murder shall be liable to be sentenced to death.
     

FUNCTIONS OF THE COMMITTAL COURT

9. The committal proceeding is not intended to determine the innocence or the guilt of a Accused and cannot result in an acquittal: SCR No. 34 of 2005 – Review Pursuant to the Constitution Section 155(20(b) the Application of Herman Leahy.
   
10. The question that is posed in committal process is whether or not a prima facie case is established against the Accused. In other words it is the strength of the evidence put forward by the prosecution (Bukoya -v- State SC 887 (17 October 2007).
    
11. The standard of proof in committal proceedings is stated in Regina –v- McEachern [1967-68] PNGLR 48 (24 May 1967)where it held:
    
12. To decide that the evidence offered by the prosecution in committal proceedings is sufficient to put the Accused to trial ...... the court has only to form a bona fide opinion that there is sufficient prima facie case against the Accused.
    
13. This measure of this standard is much less then the standard in trial where it must be proof beyond a reasonable doubt.
    

CONSIDERATION OF COURT

14. In order to consider whether there is a prima facie case against the accused this court must weight the elements of the charges against the facts on this case. And this can only be done by looking at the set of facts and the charge.
    

Wilful Murder

15. on the count of wilful murder the relevant facts are:
    

Facts

16. It is alleged that on Monday the 17th of August 2009 at about 3:00am the two accused walked into the dancing place at karizoko village.
    
17. The observed Margret Baroga the deceased with the first defendant’s husband Anton Garima dancing. On leaving the dance floor they came near the two accused. They approached the deceased and her husband and upon nearing Agnes, she stabbed the deceased.
    
18. The crown came to assist the deceased but she had been stabbed. The accused Agnes then gave the knife to her mother Theresie Inogoi.
    
19. In the commotion the lights went out. When the light came out the deceased was stabbed three times. And the accused fled the scene of the incident.
    
20. The deceased died from the knife wounds.
    

The Elements

21. The elements of the charge of willful Murder is a person
    
    • (a) who unlawfully kills another person, or
      
    • (b) intending to cause his death
      
    • (c) or that of some other person,
      

(2) is guilty of willful murder.

22. It is allege that the Accused committed willful murder on one Daga nanas. The evidence provided by the witnesses show the Accused did actually take part in the beating of the deceased that lead to his death.
    

Evidence

23. Eye witness statements of people who were there on the morning on question. Nick Philip. He went to the aid of the deceased. And tried to stop the fight but the two defendants wanted to continuing to attack the deceased. The deceased died in his hands.
    
24. Kuwania Thomas Damien was with the deceased when the accused approached and stabbed her. He saw the accused Agnes stab the deceased. He saw the accused Agnes give the knife to her mother. The lights went out. When the lights came back on the deceased was found lying in a pool of her own blood, dying.
    
25. Martin Niu also saw the stabbing.
    
26. There is an unsigned admission by the defendant but she denies her mother took part in the stabbing.
    
27. On this the court find there is prima facie evidence on this count.
    

CONSIDERATION OF WITNESS STATEMENTS:

28. The case relies on the witness statements of 3 witness statement. This court has gone through and studied each statement. It has only mentioned a few in its consideration to make a finding. It has weight the statement and finds that in all statements provided there is corroboration by other witnesses.
    

THIS COURTS FINDINGS:

29. On the charge of wilful murder against Agnes Baru Anton court finds there is prima facie evidence against the accused.
    
30. On the charge of wilful murder against Theresia Inogoi this court find there is no prima facie evidence. There is no direct evidence showing she stabbed the victim.
    
31. The standard to which this court has applied is that below the standard in a criminal trial on each of the charges laid. This court has considered the evidence in its totality and commits the accused to stand trial at the National court.
    
32. The court will now administer section 96 of the district court act.
    

E Wilmot (DCM)

Patrick Nanao for the Informant.
Agnes Meten (Public Solicitors Lawyers) for the Accused.