State v Guri [2009] PGNC 151; N3770 (19 October 2009)

N3770

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1175 OF 2007

STATE

V.

MAMANANE GURI

Lae: Manuhu, J.
2009: 13, 14, 15 & 19 October

CRIMINAL LAW – Particular offence – Wilful Murder – Accused speared brother on left chest with ‘spear knife’ – Consideration of the evidence – Self defence – Intention – Guilty verdict.

No case cited in the judgment.

Counsel:

J. Done, for the State.
A.S. Bino, for the Accused

19 October, 2009

1. MANUHU, J.: The Accused is charged that he on 21st July 2007 at Zigori Village, Morobe Patrol Post, Morobe Province, willfully murdered his brother Mainana Guri.

2. The Accused pleaded not guilty and raised self defence. In other words, he does not deny that he caused the death. He claims, however, that he was justified in doing so. The State contends otherwise. It alleges that the Accused killed the deceased without any lawful excuse and is not entitled to the complete defence of self defence.

3. The initial issue, therefore, is whether I should accept the State version of facts or the defence version of facts. The question of self defence and intention will arise after the factual findings are made.

4. It is not disputed that death was caused by severe loss of blood. The wound was 4cm in length, 3cm in width, 7cm in circumference and 15cm in depth. The wound was between the second and third rib of the left chest. The third rib was partially fractured. The left lung itself had a 10cm deep wound. The left chamber of the heart including the apex was damaged. About 100mls of blood was found in the plural cavity.

5. How was the wound inflicted? The two witnesses for the State were the Accused person’s sister in law, Hogu Mainana and sister, Puti Pius. They say that they used the Accused person’s canoe and went to the market at about 7:00am on the day in question. When they returned, the Accused and his wife confronted them and a fight broke out. In the process, the Accused punched Puti twice and threw her into the water. He also tried to cut her with an axe but his sister ducked away from the swung axe. The Accused person’s wife fought with Hogu. The Accused took his axe and partially broke the canoe. The Accused then warned that if the deceased tried to do anything about the incident, something bad would happen.

6. The Accused and his wife returned to their house up on the hill top. The deceased returned hours later from the garden. He saw that the canoe had been damaged. He went to enquire with the wife Hogu but he got no answer. He must have realized that only the Accused could have damaged the canoe. So he called the Accused three times and the Accused answered from the nearby banana trees. The deceased rushed to where the Accused was. Hogu tried to stop him but he pushed her away. When he rushed up to the Accused, the Accused speared him with a ‘spear knife’ on the left chest. The spear knife was made up of a knife tied or fixed to a wooden handle. It is normally used for hunting wild pigs and other animals. The deceased died instantly.

7. The Accused denied hitting his sister twice over the canoe. He says he did not threaten to harm anyone. He says he apologized after the confrontation with his sister and sister in law. He explains that he was angry when his canoe was used and was not returned quickly enough.

8. In relation to how the deceased was wounded, he says the deceased was armed with a bush knife when he rushed at him. The deceased then lifted the knife and swung it downward at him. He quickly moved away from the knife and raised his spear knife aiming for the arms of the deceased. Unfortunately, as the deceased lunged forward, he fell on the spear knife which penetrated his left chest. The Accused says he did not know that the deceased had been hurt. He became aware only after he heard people crying so he and his family fled into the bushes. The Accused further states that the State witnesses didn’t witness his confrontation with the deceased.

9. I have given myself several days to consider the evidence. I have reached the conclusion that the State version of facts is the true version of events. The defence acknowledged the consistency in the State’s evidence and submitted that the State witnesses have lied. I think otherwise. Hogu is the Accused person’s sister in law. I can’t see how and why she would lie. Puti is the Accused person’s sister. I can’t see how and why she would lie. Their performances in the witness box are better than the Accused person’s performance. The Accused was also evasive and failed to promptly answer simple questions put to him.

10. I can’t accept that the Accused didn’t notice that the deceased had sustained a very severe injury. In view of the seriousness of the injury, the deceased must have died instantly as mentioned by the State witnesses. For the Accused to deny this is a blatant lie. He had the motive to attack the deceased. He had earlier warned that something bad would happen. He says he came over with the spear knife to investigate but the spear knife, more than a metre in length, is not something that could be casually carried around in a village.

11. For the foregoing reasons, I reject the defence version of facts and accept the State’s version of facts. The dismissal of the defence version of facts also means that he is not entitle to the defence of self defence. What remains to be determined is whether the Accused intended to cause the death of the deceased.

12. In that regard, I take into account that in the earlier fight, the Accused was so angry that he punched his sister twice and threw her into the water. He also tried to axe her sister. His sister would have been seriously injured if she had not avoided the axe. He then issued a threat that something bad would happen if the deceased tried to do something.

13. This is the same man that, when he heard his brother calling, came from the hill top with a spear knife with deliberate haste and waited for the deceased near the banana trees. When the deceased called him three times, he was there already. The deceased approached him with no weapon in his hands. The Accused was ready with his spear knife near the banana trees. When the deceased was close enough the Accused lifted the spear knife and thrust it at the left chest of the deceased, where the heart is. The Accused still had the handle in his hand. After spearing the deceased, he pulled out the spear knife and ran away with it. He did not hang around to see if his brother was alright.

14. The deceased died instantly from the severe injuries his brother had inflicted on him. The wound was 4cm in length, 3cm in width, 7cm in circumference and 15cm in depth. The third rib was partially fractured. The left lung itself had a 10cm deep wound. With injuries as serious as these, the Accused must have used a lot of force. A deliberate intention is thereby apparent from the injuries and the immediate death.

15. For the foregoing reasons, I am satisfied that the Accused intended to cause the death of the deceased when he speared him on the left chest with the spear knife. Accordingly, I find him guilty as charged.

______________________________________

Jimmy W Tamate, Acting Public Prosecutor: Lawyer for the State
Paraka Lawyers: Lawyer for the Accused