State v Sipili [2019] PGNC 195; N7921 (8 May 2019)

N7921

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 363, 364 & 365 of 2018

STATE

V

ELSIE SIPILI, ARNOLD SIPILI AND PHILIP SIPILI

Angoram: Gora AJ
2018: 09^th & 10^th October,
2019: 06^th & 08^th May

CRIMINAL LAW – Plea of Not Guilty – Wilful Murder Section 299 of Criminal Code – Evidence part circumstantial – Reliability of evidence of Child witness

CRIMINAL LAW – Application of Section 7 of Criminal Code – Principal Offender Rule – Events took place at night – Limited lighting – No evidence of acting in concert, aiding and abetting – Circumstances renders Section 7 non-applicable

CRIMINAL LAW – Evidence on charge of wilful murder not sufficient – Evidence of assault resulting in death – Second and third accused guilty and convicted on Alternative charge of murder – Evidence against First accused not sufficient – verdict of not guilty

Cases Cited

Tawingo & Others v The State [2008] SC 983

Counsel

Mr. A Bray, for the State
Mr. S Parihau, for the Prisoners

JUDGMENT ON VERDICT

08^th May, 2019

1. GORA AJ: INTRODUCTION: Accused ELSIE SIPILI, ARNOLD SIPILI and PHILIP SIPILI were indicted with one count of Wilful Murder pursuant to Section 299 of the criminal Code. They all pleaded NOT GUILTY to the charge and a trial was conducted.
   
2. Deceased HARRY MAIKA is married to the accused Elsie Sipili and Arnold Sipili and Philip Sipili are Elsie’s two brothers.
   
3. The Indictment is in the following terms:
   

“ELSIE SIPILI, ARNOLD SIPILI and PHILIP SIPILI all of TIMBOLI, ANGORAM, EAST SEPIK PROVINCE stand charged that they, the said ELSIE SIPILI, the said ARNOLD SIPILI and the said PHILIP SIPILI on the 13^th day of July 2017 at Kunai Camp, ANGORAM in Papua New Guinea wilfully murdered HARRY MAIKA.”

FACTS ALLEGED

4. On the 13^th of July 2017 between 8.00pm and 9.00pm the deceased Harry Maika and his son Davamikie Maika arrived at the house where his wife Elsie and her brothers were at Kunai Camp, Angoram. Harry called Elsie to come and see him under the house. Elsie was cooking and responded but did not come down quickly. After he called the third time he went up into the house to assault her but Elsie ran out to where her brothers were in another house. It is alleged that Harry tried to assault her but her brothers Philip and Arnold and their cousin Martin Bowie attacked Harry using assorted weapons and killed him by hitting him on the head causing head injuries from which he died later that night.
   
5. State invoked Section 7 of the Criminal Code alleging that all the accused persons were acting together in attacking Harry and thus aided and abetted each other in killing him.
   
6. In this judgment I will refer to accused Elsie Sipili as Elsie, Arnold Sipili as Arnold and Philip Sipili as Philip. I will also refer to the deceased Harry Maika as Harry.
   

ISSUES

(a) Who killed Harry?

(b) Did Elsie, Philip and Arnold aided and abetted each other in killing Harry.

THE LAW

Wilful Murder- Section 299

7. The law on the offence of wilful murder is stipulated under Section 299 of the Criminal Code and in particular subsection (1). Subsection (2) prescribes the penalty. The provisions read:
   

“(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.”

Elements of the offence of wilful murder

8. It is necessary to state from the outset the elements of the charge of wilful murder as they appear under Section 299 of the Criminal Code. These elements are well stated in the Supreme Court case of Tawingo & Others v The State [2008] SC 983. In this case the court held that the state has the onus of proving four essential elements of wilful murder. These are:
   
   • (a) A person who;
   • (b) Unlawfully kills;
   • (c) Another person and;
   • (d) With intent to cause his death or that of some other person.
     
9. I will discuss these four (4) elements in detail in the later part of this judgment. Meantime let me state out the law in respect of Section 7 of the Criminal Code.
   

Principal Offender- Section 7

10. State pleaded application of Section 7 of the Criminal Code. Its provisions read:
    

“(1) When an offence is committed, each of the following persons shall be deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it:-

(a) Every person who actually does the act or makes the omission that constitutes the offence;
(b) Every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c) Every person who aids another person in committing the offence;
(d) Any person who counsels or procures any other person to commit the offence.

(2) In subsection (1) (d) the person may be charged with-
(a) Committing the offence;
(b) Counseling or procuring its commission.

(3) A conviction of counseling or procuring the commission of an offence entail the same consequences in all respects as a conviction of committing the offence.

(4) Any person who procures another to do or omit to do any act of such nature that, if he had himself done the act or made the omission, it would have constituted an offence on its part is-

(a) Guilty of an offence of the same kind; and
(b) Liable to the same punishment,

As if he had done the act or made the omission, and may be charged with himself doing the act or making the omission.”

11. Detailed analysis of these provisions will also be discussed in the later part of this Judgment.
    

EVIDENCE
Documentary Evidence

12. State tendered certain documents by consent. These were: (a) Record of Interviews of the accused persons; (b) Photographs; (c) Post Mortem Report; (d) Medical Certificate of Death and; (e) Unsworn statement of Senior Constable Seamus Dap.
    

Oral Evidence

13. State called seven (7) witnesses from a total of 16 witnesses named in the Indictment to give oral evidence. These witnesses were Rachael Sipili, Leane Sipili, Fitzgerald Kabase, Cosmos Kaplo, Davamiki Maika, Dr. Cherobim Kapanambo and Constable Jason Mari.
    
14. Defense on the other hand called three witnesses who are the accused persons namely Elsie Sipili, Arnold Sipili and Philip Sipili. They gave sworn evidence in pidgin.
    

CONSIDERATION OF EVIDENCE

Documentary Evidence

(a) Records of Interview - ROI of accused Elsie is dated 24/07/17. She denied committing the offence and said she does not know who killed Harry. But she did confirm that she had a domestic fight with Harry and when her brother Arnold came in to the house, Harry fought with him and at that moment she ran out of the house and on to the main road; ROI of accused Arnold is dated 25/07/17, he denied committing the offence but confirmed that he did check on Elsie and Harry when they were fighting. He asked Harry to stop but Harry attacked him with a knife and then kicked him and he fell down and ran out of the house; ROI of accused Philip is dated 13/09/2017. He refused to give answers to questions which were put to him and opted to remain silent. The other co-accused Martin Bowie has since escaped from custody and is on Bench Warrant.

(b) Post Mortem Report – This report was compiled by Dr. Cherobim Kapanombo. Findings were that: (a) Seven (7) cm long cut to the scalp, extending from left lateral region to the center of the head; (b) Two (2) cuts to the back of the head each measuring 3x5cm; (c) Fracture to left femoral bone, depressed and extending superiorly to the frontal region and posteriorly to the occiput; (d) Depressed skull fracture of the left temporal bone; (e) Extradural and intra cerebral Haematoma noted inside. (f) Cause of death was severe head injury.

(c) Photographs- Relevant photographs are: Photograph “A” is a picture of dwelling house where accused Elsie and her deceased husband Harry and their son Davamikie were accommodated; Photograph “B” is picture of location under the house where deceased Harry was lying unconscious on the ground near the steps; Photograph “C” is picture of weapons allegedly used to kill Harry. There are two sticks, two knives one of which is a short one and an axe; Photograph “D” shows the external injury on Harry’s head; Photograph “E” is a picture of the fractured skull on the head of Harry which allegedly caused his death.

Oral Evidence of state witnesses

(a) Rachael Sipili- She is the elder sister of accused Elsie Sipili and mother of her adopted son Fitzgerald. She confirms Harry and his son Davamikie came to the house at Kunai Camp in the evening. Harry called Elsie to come down and see him but when she did not come down quickly Harry got angry. When Elsie eventually came down she went to the kitchen house where Philip and Bob (Lien’s husband) were sitting. Harry assaulted Elsie there. Harry was armed with a small bush knife and they fought. She says she got her torch and went with her son Fitzgerald to the road to stop a police vehicle. When she was asked who were present at the time when the fight took place, she replied Bob, Philip and Arnold but did not know exactly where they were in the premises. She says there was solar lighting at that time when fighting took place on the ground.

(b) Lien Sipili- She is the elder sister of Elsie, Rachael, Arnold and Philip. She lives at Kunai Camp but at the time of the incident she was at the election counting place. She came home after the incident had occurred and helped Arnold treat his cut on the hand which was inflicted by Harry.

(c) Fitgerald Kabase – He is the adopted son of Rachael Sipili (age 12 years). He was there when fight between Harry and Elsie occurred. He saw Harry assault Elsie and when he saw this he ran away and hid. His mother Rachael then called him and they went to the road to stop police vehicle. Bob and Philip were in the kitchen house when the fight occurred. When police came he saw Elsie and Davamikie run to the police vehicle and got in. At that time Elsie was bleeding and she sent him to get some water. When he went to get water he saw Harry lying on the ground, he had been assaulted. He saw Philip, Arnold and Martin Bowie there too.

(d) Cosmos Kaplo – He met Philip Sipili at Angoram hospital gate that night and Philip told him that they fought with Harry and Harry was in the hospital.

(e) Davamikie Maika – He is a seven (7) year old son of deceased Harry and accused Elsie. He was present at the Kunai Block when the incident took place. He says he saw his father fight with his mother, then fight went up to the house. He was standing on the side of Rachael’s house. He saw his uncles Philip, Arnold and Martin Bowie pick sticks and run into Rachael’s house. He then heard noises of fighting in the house. Police came and his mother called him and he went to the police vehicle. He said it was clear at that time as there was solar light. He was able to see his uncles (named above) grab sticks and run up into the house. He heard fighting noises but he could not see them.

(f) Dr Cherobim Kapanombo – Doctor Kapanombo gave oral evidence to verify the Post Mortem report which he compiled on the 26^th July 2017. He confirmed that death was caused by injury due to a depression on the left side of deceased’s head extending from the frontal temporal area to the back of the head. This depression was caused by application of a blunt object to the side of the head possibly an object like stone or back of an axe. There were two 2x5cm cuts to the back of the deceased’s head which the doctor said were caused by a sharp object. There was also a 7 cm cut to the left temporal region caused by the depression. Doctor explained that the type of force required to cause such an injury would require substantial or massive force to damage it because the skull is a very strong structure of the head. Doctor also suggested depression of the head could also be caused by falling onto a very strong object.

(g) Constable Jason Mari – He is a policeman and was on motorised patrol on the night of the incident when he was stopped on the road and immediately attended to the scene of the crime. Accused Elsie and her son Davamikie came running to the police vehicle and Elsie told them Harry had cut her with a knife he was drunk. When they (police) walked to Rachael’s house they saw Arnold Sipili with a torch and Philip Sipili was holding a small knife. They saw Harry lying on the ground. They saw blood on his head and was not breathing. When they were asked who attacked him, Arnold replied that Harry fought his wife and also fought him so he assaulted him. Witness say he also saw Martin Bowie there and at that time there was no light in the house.

Oral evidence of defence witnesses

(a) Elsie Sipili- She is the wife of deceased Harry. It was between 8.00pm and 9.00p when Harry and their son Davamikie came home. At that time she was in Rachael’s house where they reside. Harry called her to go down where he was under the house. She replied she was trying to cook but after his third call she knew he would get angry so she went down and went straight to Liens kitchen house where Bob Koki and Philip Sipili were sitting. She also sat there on the bed when Harry came armed with a small bush knife and tried to cut her. She called out to Philip to assist her and then she jumped down and grabbed Harry and twisted his hand and the knife fell from his hand. She ran into Lien’s house. Harry went to Rachael’s house where they live and got an axe and broke Lien’s house door. She (Elsie) was under the bed when Harry went in. He pulled her from under the bed and threw the axe at her which hit her on the head and injured her. She felt blood and grabbed Harry and she managed to pull the axe from him and threw it into the room. She pushed Harry aside and ran into Rachael’s house where they live.

Harry followed her into Rachael’s house unarmed. He grabbed her and threw her onto the mattress. He found a short bush knife which they use for weeding around the house, and he cut her fingers. She pleaded not to harm her as she was his wife but Harry grabbed her by the neck and said “I will kill you.” She tried to call out for help but he held her neck strongly. She managed to pull him with her to the living room and find a way to free herself and escape. It was at that moment when Arnold came up and said “Tambu, enough fighting.” Harry then let go off Elsie and turned to Arnold and said “oh so you have come.” She (Elsie) then took that opportunity to run out of the house. As she climbed down the steps she met Martin Bowie climb up the steps. She thought of getting the police so she ran to the main road. As she ran she heard Harry cry out twice ‘’mama mama.’’ Then she heard Davamikie cry out from the side of the house “daddy daddy. She turned back to find Davamikie and pulled him along with her as she ran back to the main road. A police vehicle came and they ran towards the vehicle. When police asked for Harry she told them go to the house and check him. Harry was injured so the police took him to the hospital but died later that night.

In cross-examination Elsie said that at the time of the incident she was with Rachael, Bob, Philip and Arnold. Martin was at the election counting place.

(b) Arnold Sipili – He is Elsie’s brother. He was present at the Kunai Block when the incident happened. He heard Elsie struggle to call out as if someone held her by the neck. So he went to check in Rachael’s house where they were fighting and climbed up. When he flashed his torch he saw Harry holding Elsie by the neck and he said to him “Tambu inap long pait.” Harry saw him so he let go off Elsie and moved forward to fight him. He swung a knife at him but he blocked it with a stick which he had with him but the knife cut his hand and the stick and his torch fell down. So he turned to run out but Harry kicked him and he fell down but he got up and ran out. As he ran out, Martin passed him on the house steps. He was going up into the house. From outside of the house he heard noise coming from Rachael’s house and then he heard Harry call out ‘’mama.’’ After that he did not hear any more noise. He remained at the kitchen house cleaning blood from his wound when police came.

(c) Philip Sipili- He is also Elsie’s brother. He was present when the incident happened. He says he was at Liens kitchen house with Bob having tea when Elsie came and sat on the bed. Then Harry came and swung a small bush knife at Elsie who called out to assist her. So he went and got knife from Harry and threw it to the base of a mango tree and then he went to the road to stop police. He says that whilst on the road Martin Bowie came from the counting place. He told Martin that Harry and Elsie were fighting in the house. Then he says that they stopped the police vehicle and Rachael told police about the fight, so the police drove into the yard. He walked through a shorter route before police got there. He says when he got to the house he saw Harry was injured and lying on the ground and Martin was washing him. Police came and took Harry to the hospital.

ANALYSIS OF EVIDENCE

15. Medical evidence shows Harry (deceased) died of severe head injuries on the night of 13^th July 2017. Post Mortem report outlines the particulars of the severe injuries inflicted on his head. Particulars of injuries are; firstly, depression on the left side of the head 7 cm long extending from the front temporal area to the back of the head. Meaning that there was a fracture of the skull caused by application of a massive force by use of a blunt object to the side of the head. Medical opinion is that such blunt object could possibly be a stone or back of an axe or a very strong blunt object. Second, there were two 3x5cm cuts at the back of the head which the doctors say were caused by a sharp object.
    
16. The question is who would apply such a massive force to the head of the deceased causing severe head injuries and what object was used.
    
17. There is no doubt that on the night of 13^th July 2017 between 8.00pm and 9.00pm at Kunai Camp a fight took place between Harry and Elsie during which a short knife was used and Harry injured Elsie with the Knife. This was a domestic fight between husband and wife. Elsie in her evidence also says Harry used an axe and hit her on the head which caused injuries to her head.
    
18. She said in her evidence that during the fight Harry cut her on the fingers with a short knife and hit her with an axe on the head when he threw it at her. Then he held her tightly by the neck during which she found it hard to scream or shout. Arnold who was sitting in the Kitchen house suspected Harry may have seriously injured Elsie went and checked. He climbed up the house and when he fletched the torch he saw Harry holding onto Elsie’s neck. He said to Harry ‘’tambu inap long pait.’’ At that moment Harry let go off Elsie who ran outside and escaped to the road to find a police vehicle. As she ran to the road she heard Harry cry out ‘’mama, mama.’’ Then she heard her son Davamikie cry out ‘’daddy, daddy’’ from the side of the house outside. She turned back to find Davamikie and pulled him along with her and they ran to the road.
    
19. Photographic evidence shows assorted weapons were used. There are two knives, one a short knife and the other a long knife. There are also two sticks about two to three meters in length and an axe with handle about a meter long. Elsie’ evidence is that Harry used a short knife and an axe to injure her. Who could have used the sticks?
    
20. Evidence is clear that at the time of the incident accused Arnold and Philip were there and then Martin Bowie came into the scene when he returned from the election counting. Also there were Bob Koki (Liens husband), Rachael Sipili and her son Fitzgerald and of course Davamikie, the 7 year old child of Elsie and Harry was there too.
    
21. The critical question is - what happened within the space of time after Elsie ran out of the house and escaped to the road to the time when police came and found Harry lying unconscious on the ground outside of the house near the steps with blood coming from his head.
    
22. Arnold’s evidence is that when Harry let go off Elsie he (Harry) turned on him and swung a knife which he blocked with a stick he held but the knife cut him on the hand and he dropped his torch and the stick. He turned and was about to run out when Harry kicked him and he fell down. He got up and ran out and as he was climbing down he passed Martin Bowie on the steps, he was climbing up. When he was at the kitchen house he heard plenty of noise coming from the house where he left Harry. Then he heard Harry cry out ‘’mama’’ then all went silent. Elsie’s evidence is the same. She says when she ran outside of the house she passed Martin Bowie on the steps of the house he was going up and not long he heard Harry cry out “mama mama.”
    
23. Harry was later found lying unconscious on the ground near the steps of the house bleeding from his head. Medical report tells us that he sustained serious head injuries and more particularly a 7cm fractured skull which caused depression of the left head causing his death. So what could have happened? There is no single evidence before this court to show how Harry ended up lying on the ground unconscious. There are several propositions:
    
    1. Harry was struck with a very strong object on the head inside the house where he fell unconscious and was taken down by someone and laid on the ground near the steps.
    2. Harry was thrown out of the house onto the steps where he hit his head against the hard wood timber steps and fell unconscious.
    3. Harry came out of the house and was struck with a hard object near the steps where he fell unconscious.
       
24. Harry’s cry “mama mama” was a cry in distress. In my view he was struck with a massive blow possibly on the head at that time causing him to fall unconscious.
    
25. Who could have done this? Obviously not Elsie. She had already escaped from the house after all the violent treatment from Harry that night and was on the road when police vehicle came. Elsie left Arnold in the house when she ran out and Harry attacked him with a knife and cut him on the hand and he ran out too. Then there was Martin Bowie whom he met on the steps, he was going up the house. Elsie also met Martin Bowie on the steps. So it seems Martin Bowie who was on the steps of the house observed and listened to all that was going on in the house before, climbing up the house and probably assaulted Harry.
    
26. And when police arrived at the scene they saw Martin Bowie washing Harry’s body with water. Arnold and Philip were there too with Martin. Prior to that when Elsie sent Fitzgerald from the road to get water for her, he also saw Harry was lying on the ground and Arnold, Philip and Martin were all standing there near him.
    
27. So it seems that all the puzzle surrounding Harry’s death centres around Arnold, Philip and Martin Bowie. It seems that Arnold and Philip have concealed the truth of what actually happened to cover up because they were involved in the assault of Harry together with Martin Bowie who has since escaped from custody. This view is supported by the evidence of Davamikie Maika, son of Harry and Elsie. He was brought into court as a child witness being 7 years old. Court was reminded by defence counsel to be cautious of this child witness as his evidence may lack credibility. That I took into account but I was absolutely amazed by the confidence displayed by this child when he gave his evidence. Not at one stage did he back off from questions put to him by both counsels. He was brave and courageous and answered all questions with confidence. He gave his evidence without fear even though his mother Elsie who is an accused was in the accused persons dock listening to everything he revealed to the court. I accept his evidence without hesitation.
    
28. Davamikie’s evidence which he gave in camera is as follows:
    

“Daddy went to call mummy and daddy started fighting mummy, when daddy fought mummy, mummy’s line (meaning family members) came and fought with daddy.”

29. Few extracts of questions and answers given during examination of Davamikie are.
    

Q. People who fought your daddy, did you see them?

A. Yes

Q. Was the fight in the dark or light?

A. In the light, solar lights.

Q. Did they fight under the house or where

A. In the house

Q. Were you able to see people fighting in the house?

A. Yes I saw them get one each stick to fight daddy

Q. Who did you see?

A. Daddy Arnold, Daddy Philip and Daddy Martin

Q. When you saw these people getting sticks where was your mummy?

A. I didn’t see her.

Q. Did you really see them fight in the house?

A. I did not see them in the house but I heard noise.

30. Davamikie’s evidence is consistent with evidence of state witness Cosmos Kaplos who gave evidence that he met Philip Sipili at the Angoram Hospital gate that night and Philip told him that they fought with Harry and Harry was in the hospital. So here Philip is confirming that they had a fight with Harry thus corroborating the evidence of Davamikie when he gave evidence that Arnold, Philip and Martin got sticks and fought his daddy. Davamikie knows his uncles very well as they all stayed together at Kunai Camp and he was able to identify them as those who fought his daddy. I take the view that they came to their sister Elsie’s aid when she was assaulted by her husband Harry. This would normally be the situation in Papua New Guinea context where brothers would respond by coming to their sister’s aid and fight against their brother in-law. I am sure this was the situation in this case. This was demonstrated by Arnold who went into the house where Harry and Elsie were fighting. He had a stick in his hands and when Harry saw this he let go off Elsie and attacked Arnold first with a knife.
    
31. Davanikie witnessed all these when he was still beside the house before his mother Elsie came back from the road to pick him. But there is no evidence of who in particular used a blunt object to inflict fatal blows to Harry’s head causing severe injuries, hence death. Davamikie saw them picking up only sticks. So how deceased sustained severe injuries to his head causing death still remains a mystery. But the fact remains that evidence show Arnold, Philip and Martin Bowie fought deceased Harry.
    
32. Although I am convinced that injuries sustained on the head of the deceased occurred at the time deceased was assaulted by Arnold Sipili, Philip Sipili and Martin Bowie but there is no evidence as to who and how the blunt object was used to cause injuries to Harry’s head. The accused persons were holding only sticks. I don’t think sticks were capable of causing massive fracture of the deceased skull. I can only draw an inference from circumstances of the case that one of the three men may have used a strong blunt object to strike Harry on the head with a massive force at the time when they fought him.
    
33. Furthermore there is no evidence before this court to suggest whether the three men and accused Elsie Sipili were acting in concert and aiding and abetting each other in the commission of the offence in order for Section 7 of the Criminal Code to apply. Elsie initially had a fight with her husband Harry. This was a domestic fight after which she left and ran to the road, she does not know what happened after that. As to how Arnold, Philip and Martin on the other hand executed their assault on the deceased is not clear and uncertain. I take it that they only responded quickly and independently in assaulting Harry with no elements of aiding and abetting each other. They did not act in concert with each other although the victim was the same person at that time.
    

I am therefore of the view that that Section 7 of the Criminal Code is not applicable to the circumstances of this case.

Elements of the offence

34. In so far as the onus of establishing the elements of the offence of wilful murder, the state in my view has sufficiently established the first three elements of the charge.
    

First, evidence is clear that Arnold and Philip Sipili together with another person identified as Martin Bowie assaulted deceased Harry Maika.

Secondly the assault on the deceased was unjustified and unauthorized hence unlawful.

Deceased Harry Maika died as a result of injuries sustained from the assault.

35. In respect of the fourth element of whether death caused to Harry was intentional, state did not provide any or sufficient evidence to establish this element. Although motive may have been an act of retaliation over Harry assaulting their sister Elsie, but it was not a pre-planned or pre-meditated retaliation. Therefore the Charge of wilful murder has not been sufficiently made out or proven against Arnold Sipili and Philip Sipili. However since there is evidence of assault resulting in death of Harry, I will consider conviction on the offence of Murder under section 300 of the Criminal Code.
    
36. In respect of accused Elsie Sipili I find that there is insufficient evidence against her. Although initial fight started between herself and her deceased husband in a domestic fight, there is no evidence to suggest she was with her two brothers when they assaulted her husband. She escaped from her husband’s violent assaults and ran to the road when police vehicle came.
    
37. I therefore find Arnold Sipili and Philip Sipili GUILTY of Murder of Harry Maika and are convicted of that offence forthwith.
    
38. In respect of Accused Elsie Sipili, I return a verdict of NOT GUILTY and is hereby acquitted and discharged. She is to be released from CS custody forthwith.
    

ORDERED ACCORDINGLY
____________________________________________________________
Public Prosecutor: Lawyer for the Sate
Public Solicitor: Lawyer for the Accused