Regina v Sutarake [1993] SBHC 25; HC-CRC 059 of 1993 (7 October 1993)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 59 of 1993

REGINA

-v-

MARTIN SUTARAKE

High Court of Solomon Islands
(Muria CJ.)

RECORDS
H/Ct. 4/10/93
DPP for Prosecution
C. Tagaraniana for Accused

Plea: Not Guilty

DDP: Opening

The deceased Salome Oinairi lived at Pomalio Village, Marau Sound.
On 30/3/92, morning, she left Vge to go to Clinic at Marau with her sick child.

After getting treatment for her child, she returned to Poinoho Vge.
She stayed at the Vge and then left to their garden at about between 1.00pm and 4.30 pm.

She walked through a bush path to go to the garden.
She was found dead on the road to the garden.
The person sighted who took the road to the garden before and after he death was the accused.

The accused was therefore charged for the murder of the deceased.

The prosecution will call 17 witnesses.

PW1: Joseph Asitaha(sworn)

I live at Komunibau Vge, Marau Sound.

I know Poinaho Vge.

My Vge is just about 60 fathoms from Poinaho Vge.

I know Salome Oinairi who lived at Poinaho Vge.

Last year 1992, I was at home.

Last I saw Salome Oinairi in my Vge.

In March 1992 I saw Salome Oinairi at about 11 O'clock p.m in my vge.

I talked to her. She told me that she ran away from Martin Sutarake (acc'd) who is her real-brother.

She slept at my Vge, Komunikau.

Again another time in March 1992 I saw Salome again in my Vge.

I talked to her again. She said she ran away from Martin Sutarake (acc'd) who tried to spear her with a wire.

Again Salome slept in my Vge. and she returned the next day.

I did not see Martin Sutarake chase after Salome with knife and spear.

It was one (1) week before Salome died when she came to my Vge.

xxm by C. Taga:

My Vge is close to Poinaho Vge and it is about 60 fathoms away. It is the same distance as from where I stand to the other side of the Post Office, toward the Bank (NBSI).

Between my village and Poinaho is clear although there are few coconut trees in the middle of the two Vges.

True, I saw Salome Oinairi in the Vge last year.

I was in my Vge between Jan. to Dec. 1992.

When I said earlier, that Salome ran away to my Vge at about 11 O'clock, it was 11 O'clock at night. I was still awake then. My family was awake with me, my wife whose name is Parairopo.

My wife heard Salome said that she ran away from Martin Sutarake.

The second time Salome ran away to my house was about 12 O'clock. I know it was 12 O'clock because one wantok who slept with us had a watch. He is Watepura.

There were a number of us in the house. But only myself and my wife were awake. My wife was beside me and she heard what Salome said.

It is true that Salome told me that she ran away because Martin Sutarake wanted to spear her with a spear which was a wire attached to the end of a stick.

The spear as I described is common in our place. I have some myself. It is used for fishing. We shoot fish with it.

Salome actually told me that Martin wanted to spear her with a spear which is a stick with a wire attached to the end of that stick.

Re xm by DPP:

The wire attached to the end of the stick is always sharp.

The wire is about 3 feet long and with the stick the length of the spear would be twice the length of the wire.

The size of the wire is like the size of a biro, only that it is long.

xby Ct:

The second time Salome ran away to my place was 12 O'clock at night.

DPP: No Ques. arising.

CTaga: No Ques. arising.

PW2: Aimmy Enock (sworn)

I work at Manikalaku as a Nurse Aid.

On 30/8/92 I was at work.

I know Martin Sutarake. He is now in court.

[witness identified acc'd]

That day 30/3/92, I saw the acc'd at the Clinic about 9 a.m.

He came to the clinic complaining about scratches to his right knees. I gave him Gym paint. I did not give him plaster. It was only a scratch, minor one. He made no other complaint of other injuries.

The acc'd then left the clinic.

The same day 30/3/92, the acc'd's sister, Salome brought her little child to the clinic.

Salome and her daughter came first to the clinic.

Matin Sutarake is a married man. I know his wife.

On 30/3/92 I saw his wife at the manikaraku station. She came and got her treatment for her little son.

xx by Taga:

The scratches complained of by the accused was not serious.

The scratches were on his right knees, not his left knees. He said the scratches were received from a fall in the soccer field.

Rexm by DPP: No Ques.

x by Ct:No Ques.

PW3: Jerry W. Muaki (sworn)

I am PC 660 stationed at Marau last year in March.

On 30/3/92 I was on duty at the station. I know Martin Sutarake.

He is now in court.

[witness identified acc'd]

On morning of 30/3/92 I saw acc'd at Marau sub-station. He went to the clinic.

Then I called him to the police station and to ask him question about ABH on his wife, Naomi Suruau.

I investigated that case. I interviewed his wife earlier. I saw bruises on her stomach and faces. The acc'd kicked her and hit her with a stick.

The acc'd's wife was admitted for about one (1) week at Manikaraku clinic.

When I called the acc'd to the station that morning I interviewed him in the charge office in the presence of OCS Insp. Fanasia.

The acc'd was sitting facing me.

The acc'd told me he had been to the clinic and I saw paint on his leg. He said he received injuries from fall during soccer match the previous day.

I did not see any other wounds on his other parts of his body.

After interview, I then charged him for ACABH on his wife and released him on bail to appear before CMC (Central Magistrates Court).

On 31/3/92 I was again on duty.

On 31/3/92 we took Martin Sutarake to the Police Station, on suspicion of murder following a complaint.

That suspected murder happened on 30/3/92, the previous day.

On 31/3/92, in the OCS office, I noticed his hand swollen and a piece of calico tied around his head.

I asked the acc'd to remove the calico from his head.

When he removed the calico, I noticed a cut above his eye (R). The cut was still looked fresh.

The cut above the eye (R) was in slanting position.

The cut appeared to be caused by knife, and not from falling down.

On previous day 30/3/92 when I saw him at the station, there was no cut on acc'd's body.

xx by C. Taga:

The ABH case number was CRB 07/92.

That case came before the Court and the accused served a 6 months sentence.

I received a medical report from the Nurse at the clinic in respect of that case.

My observation of the cut was that it must have been a knife or sharp instrument. The wound was an open one.

There was no wound on the accused's head on 30/3/02.

On 30/3/92 morning we did not know about the alleged murder yet. We did not yet suspect him of any murder.

There was no cut on the accused's head on 30/3/92, only scratches on his knees.

Re xm: by DPP:

I interview accused about ABH case on 30/3/92 at about 0930 hrs.

I learned about the murder case in the afternoon of the same day 30/3/92.

It was in the morning of 31/3/92 that the accused was brought to the police station in connection with the alleged murder.

That's when I noticed the wound on accused's head above his eye(R)

x by Court:

The accused's hand that I saw swollen was his left hand. The swelling was at the back of his palm(L).

DPP: No Ques arising
C Taga: No Ques arising.

PW4: Calisto Manekera (Sworn)

I live at New Island Marau Sound.

On March 29/3/92 I played soccer at Potau School playing field. This was a Sunday.

I played for NITA against Station Olos.

I know Martin Sutarake. He is in Court today.

[Witness identified accused]

On 29/3/92 I saw the accused. He played for Station Olos. He played that day. During that match, I did not kick the accused.

We won the game.

After game I did not see Sutarake.

During the game I did not see any injuries on Sutarake's body including his head.

I did not kick any part of his body during the game.

xxm by C Taga:

The game was a league Game. We were in the middle of the League.

We usually go home after games.

During that day after the game we stayed around then went home.

I played left wing Sutarake played right wing.

During games we looked for the ball not the men.

I played the ball, so I was not concentrating on Sutarake.

If Sutarake had an injury I would still know.

After game I did not see Sutarake.

Re- Xm by DPP:No Ques.
Court: No Ques.

PW: Gabriel Takasi (Sworn)

I come from Poposa Village, Marau Sound.

I played soccer.

On 29/3/92 I played soccer. I played for Nita.

I know Martin Sutarake. He is in court.

[witness identified the accused]

Sutarake also played soccer on 29/3/92. He played for Station Olos. I played 3 games that day.

I played against Station Olos that day and we won.

Our game was a clean game. There was no rough playing or row or the like during the game. There was no kicking legs.

During the match I played midfield(R). Sutarake played right wing for his team.

I did not kick Sutarake. I did not see anyone kicked Sutarake nor did anybody kicked Sutarake's head.

After game, I did not see Sutarake.

During the whole game there was no complaint of Sutarake being kicked.

xxm by C Taga:

It is true I played for right midfield.

During the games I concentrate on the ball not the man. I would not be worried about looking at the person's body.

My position was toward back of my team.

Sutarake was moving around during the game. I was concentrating on the ball not on the player.

If somebody kicked him and fall, the referee would blow the whistle and I would know.

Sometimes referees could not see fouls, and would not blow the whistle.

After game Sutarake left.

If there was any complaint in the field I would know.

Re-xm by DPP:

I played soccer for a long time. Wingers must be active.

If winger took the ball I would focus my attention on him. If there was anything wrong with him I would notice.

During that game, not at anytime did Sutarake complained about being kicked.

Sutarake used both his head and legs during the game.

x by Court: No Ques.

PW6: Sylvia Houma (sworn)

I lived at Poinalo Village, Marau Sound, Salome Oinaire (deceased) was my real mother.

On 30/3/92, I was at my Village with my mother Salome.

In the morning of 30/3/92 she went to the clinic. She took my small sister for dressing at the clinic. They left Poinaho about 8.00 am for Manikalaku, Clinic.

I stayed back at the house.

My mother and my sister came back from Clinic at about 12.00 noon.

I cooked some rice and we had our meal. My mother then left to go to the garden.

She told me she would go and hoed Stephen Oahania's garden.

She left between 12 o'clock and 1.00 pm.

My mother took with her a home basket, a bush knife, a smoking pipe, and a purse with about $60.00 or $70.00 inside.

The knife was filed and it was about 2 feet long. It was sharp with a sharp point at the end of it and narrow.

John and Ben followed mother later. I went to the water (Water Supply) to wash plates and pots and then I returned to the house.

I know Martin Sutarake. He is in Court now.

[witness pointed at accused]

Martin Sutarake comes from Poinako Village. His house is close to our house.

In the morning on 30/3/92 when mummy went to the clinic, I did not see Sutarake in his house.

In the late afternoon, I saw Sutarake when he came to swim. This was late afternoon, about 4.00pm. He had his swim at the water supply outside his house.

I stood outside our house and saw him having his shower. Then he went back inside his house.

After he had his shower he came passed out house and proceeded down to the main road.

I saw him holding on big knife. He was accompanied by Edmond Ramo.

They went to the garden. When I saw him, I noticed Sutarake tied his head with a piece of calico.

It was going toward evening of 30/3/92 that I was told that my mother was killed.

It was Martin Sutarake who told me that my mother was killed by somebody and that she was cut.

I asked Sutarake where was the place that my mother was killed, Sutarake did not tell me where they killed my mother.

Sutarake is my real uncle.After I heard that I did not go anywhere.

They brought my mother's body. They did not find my mother's knife nor did they find my mother's purse.

Before this incident, Sutarake hit my mother. It was not long ago that Sutarake hit my mother. He hit her many times before. He would use his hands and sometimes spear.

During the times Sutarake hit my mother, I used to hear Sutarake said that he would have to kill my mother before he was satisfied.

When I heard that, I understood that he must kill my mother before he was satisfied.

Sutarake would hit my mother sometimes after he returned from drinking beer at night.

My mother would run away to different houses, for fear that Sutarake might hit her.

The knife which my mother took was a bush knife but they filed it.

xxm by C Taga:

The purse I mentioned kept in a plastic and contained $60.00 or $70.00. My mother put the money in her purse.

I know the amount of money in my mother's purse because they were given to her by my sister.

I did not see when she put the money in the purse but I knew the money were in her purse.

It was Sutarake who told me that my mother was killed.

When Sutarake said that he would have to killed my mother before he was satisfied, he used our language.

My mother told me that Sutarake always hit her.

Re-xm by DPP:

It was my mother who told me that Sutarake said he would kill her before he was satisfied.

That last time that Sutarake hit my mother before her death on Monday 30/3/92 was on Saturday (28/3/92).

My mother told me that before Monday 30/3/92.

Court: Adj. 1.45 pm
2 pm.
Court resumes.
[witness in the box]
x by Court:

I stayed with mummy at home since 1991.

I often saw accused come to our house.

I did not witness accused hitting my mother in March 1992 because I came to Honiara. However when I went back home, my mother told me about the accused hitting her.

DPP: No Ques. arising
C Taga: No Ques. arising

PW7: Clement Pukere (Sworn)

I lived at Sari Vge. Marau Sound

On 30/3/92 I was at my Vge. In the afternoon I went to Komunikao Vge, which close to my Vge.

Poinaho Vge is also close to my Vge.

There is the big road that goes through those Vges.

[witness shown sketch of area including the scene of the murder]

On 30/3/92 I went to Komunikao. I stayed with Warikau at the verandah of his house.

The verandah faces the main road.

I know Martin Sutarake. He is in Court.

[accused identified by witness]

While sitting there I saw the accused following road. He was not holding anything.

This was late in morning.

He was wearing a trousers which had colours on it. He also wore shirt.

I did not talk to him. He did not talk to me.

He was going toward the bridge, toward the east side.

He was by himself when I saw him.

I then walk toward main road where I met Salome Oinaire (deceased) with Benjamin Mahgai and John Paul.

Benjamin and John are children, still schooling.

Salome was holding a knife, basket and her smoking pipe.

I asked Salome where she was going and she said she was going to the garden to hoe Vitalina's garden. Vitalina is Salome's sister.

The children were about 20 yards behind Salome.

From the time I saw Sutarake coming pass me and going toward the bridge to the time I met Salome and the children was not long time. The time I stood here so far was too long.

I met Nellie and Ruriti shortly after Sutarake passed me.

It was after Nellie and Ruriti passed, that I came to the road and met Salome and children.

Salome and children also followed the road toward the same direction of the bridge.

I the went back to my Village, Sari. Then I went to my garden on the hill behind my Village.

xxm by C Taga:

It was toward the latter morning when I saw Sutarake passed me and Warikau.

From Warikau's house to the road was not far. It's about 25 yards.

The stripes on Sutarake's trousers were mixed colour. I can't really say what the colours were.

The trousers was not a long pant and nt a short one, but a trousers that went down to his knees.

I saw the one that went down to his knees. I saw him wearing it all the time. It was not a black one.

Salome's knife was like a bush knife. Her smoking pipe was the type bought from the stores. The basket was a custom one.

The knife was a short one and sharpened. The end part of the knife was sharpened.

Re-xm by DPP: No Ques.
xm by Court:

I did not know of any row between Salome and Sutarake.

DPP: No Ques. arising
C Taga: No Ques arising.

PW8: Fred Mae (Sworn)

I live at Komunikau Vge.

I know poinaho Vge. It is about 4 minutes walk away.

I know Salome Oinaire who lived at Poinaho. I know Martin Sutarake who lives at Poinaho Vge.

Martin Sutarake is Salome's brother.

If anyone shouts from Poinaho I would hear it.

In 1991, I was at home. At that time here was a row between Sutarake and Salome.

That row, at night about 11.00 p.m, we were surprised to hear and see Salome screamed and ran to us because Sutarake wanted to "kill" her. This was because, she did not give money to him.

After that there was another row that I remember also in 1991 between Salome and Sutarake.

It was at night, we heard a cry. I ran to Poinaho and on arrival I saw Salome lying on the ground. I saw Sutarake punched her and she fell.

I also saw Sutarake holding a spear.

We then talked to Sutarake who was still holding the spear wanting to spear Salome's stomach.

The spear was the type with a big wire sharpened and attached to the end of a stick and used for diving fish in the sea.

[witness demonstrated how accused wanted to spear Salome's belly]

When we talked to Sutarake we told him not to use spear on the woman.

Last year 1992, I witnessed another row between Sutarake and Salome. In fact, I knew two times.

Once in Feb. 1992 and the other was in March 30 1992.

The row in Feb. 1992 was at night. We were at home when we heard Salome cried and ran to us.

She told us that Sutarake got angry with her because she did not give him money. She ran away to us. She slept at our place and returned the next day.

In March 1992, they again had a row at about 12 midnight. Salome cried and ran to our place.

We asked her what happened. She said Sutarake asked for food but Sutarake refused to eat the left over food. So he hit her and as a result she ran away.

Sutarake said to Salome that he would kill her before he was satisfied.

Again Salome spent the night with us and returned the next morning. I can't remember the date when they had that row but it was close to the time when Salome was killed.

On 30/3/92, I was at my Vge.

I have my garden.

On 30/3/92 I and my wife went to the garden. I forgot the time. We followed the main road toward the bridge (east of our Vge).

When we reached the bridge was stood there watching the place where it was broken.

There Sutarake met us. He came passed us from the east side going back to the Vge. While we were standing there, another woman also came and met us there. She was Nellie.

We met Sutarake on the bridge.

After that, I and my wife proceeded eastward and then turned into a small road into the bush side to the garden.

When we turned into the plantation I looked back to the bridge and I saw two men - Dotra Kikolo and David Natei who were watching the place where the tractor fell at the bridge.

Then were proceeded to our garden.

The only people saw were Nellie, Dotra and David Natei.

When we met Sutarake at the bridge, I noticed that he was wearing a short trousers that went down as far as his knees and which was a little black with other colours on it.

xxm by C Taga:

In 1990 I was at Marau. I was at Komunikau.

I was at my Village in 1991 and 1992.

During those years, I sometimes came to town by ship. It normally took us 8 hours.

Sometimes I spent 4 months in Honiara and sometimes 2 weeks.

In 1991, I spent whole year at my Village. I can't remember the month. But it was at 11 pm at night.

I can't remember the month during which the second incident happened. Those who came to stop accused were Masodo, Baeva, and myself.

Salome's children were there. They were in the house.

At the time Salome was lying on the ground, behind the kitchen which was not far from the main house. [like from one wall of the ct to the other]

I could hear her shouts that night although my Vge was a little further away.

In 1992 incident in Feb, Salome ran to us at night and slept in Joseph Asitaha's house.

I am sure Salome ran to us and she slept in Mr. Asitaha's house last year.

I have nothing to say about Asitaha's story.

Salome just came and told us she was frightened so she slept in Joseph's house.

Joseph's father-in law is Warikau.

At that time Joseph's wantok was there. I don't know his name. He is new to me. He is from Malaita. He is Watepuru.

I knew it was 12 o'clock because I had a watch and I saw it was 12 midnight.

Watepuru had a watch with him on his hand.

On 30/3/92, I and my wife left for the garden in the early afternoon between 1.00 pm and 1.30 pm.

In the morning I was in the Vge. Only Clementina came and visited us.

When we went to the garden we followed the direction toward Hunihasu Bridge.

From my house to bridge is about from Post Office to Town Ground Field.

I and my wife stood at bridge for about 10 minutes. That's when we met Sutarake.

From bridge to Hunihasu Vge. is like from the Court to the road at Town Ground.

From Vge, one cannot see the bridge.

Nellie is a married woman. He husband is John Ruriti. I only saw Nellie.

When we met Sutarake he was returning to the Vge, going the direction of Manikaraku.

When we met Nellie, she said she was going to Manikaraku. She had to pass Komunikau Vge.

When Clementina came we sat together with oldman. I left them and I went to the garden.

Only Nellie met us at the bridge and not with her husband.

On 30/3/92, I saw the deceased in the bush dead. When we received the news, we ran to the bush and there we found the woman dead.

We did not meet Salome on the road on our way to the garden.

Nellie also left the bridge when I and my wife went away.

Re-xm by DPP: No Ques.
xm by Ct: No Ques.

PW9: Daniel Oreimara (Sworn)

I lived at Poinaho Vge, Marua sound.

I knew Salome Oinaire and Martin Sutarake.

Martin Sutarake is my brother. I was the first born.

Salome was my sister she was born before me.

On 30/3/92 I was at my Vge.

In the afternoon of that day I and my wife went to the bush garden to take potato vines from Kanuto's garden.

[witness shown sketch map]

I see my Vge, Sare Vge, Komunikau Vge and Hunihasu bridge. From the bridge one comes to Vunivatu Vge. There is Karipopora Vge in the bush and a plantation also in the bush.

I can see the place mark "dead body". I met Martin Sutarake in the bush along the bush road.

When I went to ask Kamito for potato vines it was about 1.00 pm and 2 pm roughly.

Before we met Martin Sutarake I heard a noise as somebody sneezing. I told my wife to wait so that I could go back a little to hear more about the noise.

Not long after that I looked toward where the noise came from then I saw Martin Sutarake. When he saw me, Martin turned away from me and ran away.

We had no fight between us and so it was strange that he ran away from me.

Martin was wearing a black pant and a singlet. He did not talk to me.

I recognised him as Martin. He is my brother.

The road we followed continues on until it meets another road. If one follows this road one would come to where Salome's dead body was found.

I then continued and joined with my wife and proceeded to the garden.

While we were in the garden, Agatha ran to us and told us that Salome died. We left the garden and returned home straightaway.

It was about an hour or 45 mins we were in the garden when Agatha came and told us the news about Salome was death.

This was the first time my brother Sutarake did this to me and ran away from me.

xxm by C Taga:

When our sister died I was sorry.

When Martin was charged I was very sad because our sister died and now Martin had been charged for her death.

When I heard the sneezing sound I walked back to see what it was. I then saw Martin at the place where the sneeze came from.

The space in Ct was too short. But When I saw Martin I was about 10 metres away.

I heard the sneeze that's why I turned back to see what it was. My wife sat there waiting for me.

It was afternoon already at the time.

Martin was wearing a singlet. That's what I saw him wearing when I saw him.

Agatha is one of the witnesses. She came to us in the garden.

The bush road from Seri goes pass Kamuto's garden, where we were.

My wife was in the middle of the garden, cutting wines.

When I heard the sneeze, I went and stood at the entrance of the road which we followed. It was there I saw Martin came out of a small road in the bush. A road that lead to where Salome's dead body was.

That day I saw Martin in the bush.

Re-xm by DPP:

The small road from which Martin came out leads to where Salome died.

x by Court:

From where I met Martin to where Salome's body was found was far.

x by DPP:

If I saw Martin here at Court, Salome's body would the somewhere at Main Market.

C Taga: No Ques. arising
Ct: Adj. 9 am 5/10/93.

Signed: CJ - JM 5/10/92

5/10/93

9.45 pm

Ct resumes

PW10: Athanasius Oneimara (Sworn)

I lived at O'one Vge, Marau Sound.

On 30/3/92, I was on Area Council Cashier. I am no longer holding that post.

O'ne Vge is separate from Sari Vge. but close to each other.

O'one Vge is to the East of Sari Vge.

[witness pointed out O'one Vge on the sketch]

Poinaho is close to my Vge.

Anyone going to Manikaraku, I could see him walking past my Vge.

In the morning of 30/3/92, I saw Salome Oinaire came passed our Vge. She was accompanied by a woman going toward Manikaraku.

After she passed, I saw Martin Sutarake followed.

Martin is now in Court.

[witness identified accused]

Sutarake came and called at my house that morning. He told me he was going to the Station for dressing.

I did not see any injury on his head. When he left I was at home.

Later Sutarake came back and I asked him for smoke when he called again at my house.

I did not see any wound on his head.

Whole day I was at my house because I was not feeling well. In the afternoon, about 2pm, Sutarake again called at my house.

A/Constable Simon Bebi, A/Council Member, Lawrence Sasi and Sakaria Wakio were with me at the time.

We sat at the house facing the main road.

Martin Sutarake came to our house. We did not see him coming from the direction of the road. He must have come from the direction of the bush.

When he came, I saw him. I did not talk to him. He was sitting there.

When my workmates left, he sat there then he too left.

When I saw him the third time, I noticed he was not normal. He did not talk to me or the others. He always talk to me. He always come to my house. But that third time he came, he was a little abnormal.

I noticed that he did not wear shirt. He tied his shirt around his head. I noticed that Sutarake was worried. His eyes were showing signs that he was "shaking"

I did not notice such reaction from him before, whenever he came to my house.

His actions that afternoon was very unusual to me.

I have no row whatsoever with him at anytime.

I did not nor any of us asked him what happened to his head.

Later in the evening, Martin Sutarake came back and asked me for a pig to sort out customary obligations in respect of the death of his sister.

[witness shown the sketch plan again]

These are small bush tracks which came down behind my house.

Kanuto's gardens are around the same area where we have own gardens.

There are mangroves behind the Hunihasu Bridge - inland.

The bush track beside the bridge joins to the other road.

xxm by C Taga:

My house is about 60 metres away from the main road.

Sutarake came to my house in the morning on his way to the Clinic.

I and my family were in the house when Sutarake came to my house.

I was sitting down at the verandah of our house. I am not sure where my wife sat. She might be in the room. From my verandah, I could see clearly the main road.

At 8.00 am on 30/3/92 was the first time I saw Martin that day.

I saw Martin 4 times that day.

The second time Martin came to my house was about 11.00 a.m that day.

The third time I saw Martin was around 2.00 pm. At that time my wife had gone to the garden. I and my workmates were all sitting at the verandah. We were sitting on a stool which is about 2 fathoms long. It was made from a timber, about 6" thick. It is a slab.

I sat at the far end of the stool. All of us sat on the stool facing the same direction.

The fourth time he came was in the evening.

Martin came to my house 4 times, not once only.

He did not come in the afternoon simply to ask for smoke.

At 2 pm when he came, Martin came from the bush side of my house.

At 2 pm when he came Martin did not ask for smoke.

Martin left my house after my workmates left. My workmates left together.

Martin was not wearing T-Shirt at 2 pm when I saw him.

I saw him when he came to ask for pig in the evening.

Re xm by DPP:

Martin Sutarake is my brother - first cousin.

At 8.00 am when I saw him, he was wearing a shirt and a short which went down to his knees.

The short was of the type that had a rubber at the waist and black in colour and had stripes of different colours.

I forgot what sort of shirt he wore when I saw him at 8.00 am.

Those were the same clothes I saw on him at 11.00 am.

At 2.00 pm I saw him with the same clothes but the shirt was not worn them. Instead he tied the shirt around his head.

I can't remember what he wore when he came back in the later evening to ask for pig.

DPP: No Ques.

C Taga: I was relaxing in the house when I saw the accused with the clothes I described.

PW11: Dotra Kikolo (Sworn)

I lived at Karipopora Vge, Marau Sound.

On 30/3/92 I was at my Vge. with my friend David Natei.

In the morning David and I went to Marau Sub-Station.

At Marau Sub-Station we met Martin Sutarake at the Rural Services Project.

On our way back from the Station Sutarake accompanied us. I did some shopping when we got to the airfield.

Sutarake went to the other side of the road. When he returned, he proceeded ahead of us back home. We then proceeded home also and came passed Poinaho Vge. and then Komunikao Vge.

We came passed the bridge (Hunihasu bridge).

Before we got to the bridge, we met Salome (I don't know her second name) beside Poinaho Vge on the road.

She was holding basket and bush knife and walking in front of us in the same direction.

When we got to the bridge, the woman crossed below the bridge toward the sea-side. We saw a boy following the woman from some distance behind. The boy was a school boy about 10 years old.

I and Natei walked past the bridge and proceeded to my house at Karipopora. My house is close to the tractor road that leads to the bush.

When I got to the house, I was relaxing at my verandah. My view to the feeder road was very clear.

I was relaxing there, when Salome came passed my house. Nobody else came past. I was still relaxing when Martin Sutarake came and asked me to follow him to the bush. He is my friend.

I was tired, so I was not willing to follow him.

[witness identified accused]

From the time Salome came past my house to the time Martin came and asked me to follow him to the bush, would not be an hour.

I also heard someone talking outside. Martin left and went away.

After I relaxed, I followed the road down and came to the bridge again.

I then saw Martin came back.

We were climbing coconuts when he came. We asked him to join us. He did not want. He did take the coconuts which we offer him.

After drinking coconuts I and Stephen followed the sea.

xxm by C Taga:

Salome did not cross the bridge. She followed the other road below the bridge.

I did not know the time, but might 12.00 noon or thereabout.

Between the bridge and the road which was used by Salome when crossing beside the bridge was about 30 to 50 metres.

I only saw knife and basket with Salome. The knife was a big knife.

I was with Natei at the time.

I only saw Salome and the boy at the time.My house was very close after I crossed the bridge.

When Salome crossed further down the bridge, we crossed on the bridge.

My verandah has a walling but very low. I could still look outside from my verandah.

From the time I saw Salome past my house and the time when Martin came to my house was more than half an hour (1/2)hr but not more than 1 hour.

When Martin came back I was already at the bridge. The coconut which I offered Martin, was taken back by me again because he refused to take it.

Re-xm by DPP: No Ques.
Ct: No Ques.

PW12: Agatha Hirupu (Sworn)

I live at Sari Vge. which is close to Poinaho vge.

On 30/3/92 I was at my Vge.

In the afternoon of that day I was at the Vge. My Vge. is close to Sea side.

In the afternoon I went to collect sand from the sea side for washing pots.

When I was on my way to the sea side, I met Martin beside the water tap washing himself and taking a shower. This is a water supply tap.

I saw him washing his trousers. It was a short black in colour and had stripes - writings on it.

When I saw him he scrubbed his trousers on a piece of timber. Then he had a shower himself.

He talked to me and asked me where Kanuto. I said Kanuto is fixing his house at his place.

xxm by C Taga:

I have to cross the main road to get to the beach from my Vge. Then we followed the road down to Poinaho.

From my house at sari, I could see Martin's house at Poinaho. It is like from here to the main road outside Mendana Avenue. The water supply at Poinaho was close to the road. Martin's house was close to the road also.

I talked to Martin when I came close to him at the water-supply.

This was in the afternoon. The sun was over the hills. It was late afternoon. I cannot say if it was 4 pm.

When I saw Martin washing his clothes, it was not after he came back from the clinic.

It was not about 11 am or 12 midday, when I saw him washing his clothes. It was afternoon.

Re-xm by DPP: No Ques.
xm by Ct: I know Daniel Oreimara.

That afternoon, I did not see him at all.

DPP:Daniel Oreimara is Martin's brother.

Martin and his wife have gardens.

Sometime in the afternoon I saw them in the garden. In that afternoon I went to see them in the afternoon in the garden to tell them about Salome Oinari's death.

It was after quite a while when I saw Martin washing his clothes when I went to the bush to see Daniel and his wife.

C Taga:

It was after people came back from the bush and we heard about Salome's death that I went to see Daniel and his wife.

At the garden I talked to Daniel first and told him his sister died.

Daniel did not say anything, but told his wife and they returned home immediately.

Ct: Adj. 1.30 pm

CJ: JM 5/10/93.

1.30 PM
CT resumes

PW13: Edmond Ramo (Infant) [Sworn].
[Through interpreter]

Interpreter: John Marahare (Sworn)

The witness is now in class I and he would be about 8 yrs or 9 yrs old.

Witness [through interpreter]

What it means to swear on the bible to tell the truth.

I know I have to tell the truth in Court.

I am prepared to give my story to the Court.

PW:13. Edmond Ramo (Sworn through interpreter)

I am a student at Potau Primary School at Marau.

On 30/3/92 March 1992, I was a student at Potau School.

In the morning of 30/3/92 I was at school in the morning in the afternoon, we did not have classes.

I know Martin Sutarake. He is in Court today.

[witness identified the accused]

On 30/3/92, I stayed at Pinaho Vge.

After School that day I went back home, in the afternoon.

After school in the afternoon, I went home. I then went and sat beside an old church.

I then saw Martin Sutarake came, from the direction of the bridge.

At that time I did not notice anything on his head.

Martin asked me to wait for him. He would go and then we would go to the garden.

I know the accused wore clothes when I met him. He did not wear shirt. Martin only wore trousers which had some red stripes.

When the accused came to me and talked to me I did not pay attention to his face.

When the accused came from the bridge direction he told me to wait for him. He would have his shower first. Then we would go to the garden.

I did not see any calico around his head.

He had his shower at the water-supply tap. He had his shower with the trousers he was wearing.

After he had his shower he wore a short trousers, red in colour.

After he changed, he then told me to follow him to the garden.

We went via the Hunihsau Bridge. We came past Karipopore Vge. We came to Dotra's house.

Dotra refused to follow us, so I and Martin went.

I, steward and Poha with Martin went to the garden.

We followed the tractor road into the bush. That road branched out.

We did not rest at the bend of the road.

Then at the junction of the two roads, Martin told us to wait there.

Martin Sutarake went straight to the direction where my mother was found dead.

From where we waited to where my mother was found death is about 20 to 25 metres.

Martin went as far as to the please where my mother was lying down dead.

When Martin came back to us, we went to Stephen's garden.

When we got to the garden, Martin helped to hoe the garden. He did not help long.

We then went down to Su'u to cut arrows from Sago palms.

After that we came down to the main road and then we went home.

When I got to the house, I heard that my mother was killed.

xxm C Taga:

After school in the afternoon, I came straight home.

The school is separate from my Vge. It is far away. We had to start early in the morning in order to get to the school in time each day.

It was along walk to my home from school.

Pohoa and Steward were school mates of mine. We come from same Vge, Poinaho.

I came home from School myself.

I saw Steward and Pohoa before I met Sutarake. Steward and Pohoa followed him from O'one Vge.

I did not follow Steward and Pohoa did not go to Sutarake's house. It was Sutarake that came to us and told us to wait for him.

Our idea of going to the bush was to look for mangoes.

This was why Sutarake told us to wait for him.

I already said that Martin Sutarake came from the direction of the bridge.

When we saw Martin was coming from the direction of the bridge and not from Manikaraku.

When Martin went to have his shower, I sat at a place close to an old church.

The water-supply to the church was like from the witness box to the west wall of the Court chamber. I could see clearly Martin. Nothing blocking me.

I sat there watching Martin having his shower until he finished.

Only myself, Pohoa and Steward were there waiting for Martin to have his shower.

I did not see any girl or anybody beside us.

I did not see Martin changed because he did that in the house. After he changed he came out of the house.

Martin did not hold any shirt, only knife.

Martin was not wearing black trousers and black T-Shirt after he had his shower.

We actually went to Dotra's house first and then proceeded to the garden.

Martin had a knife. It was his own knife. He did not give me to hold his knife.

We have to pass Hunihasu Bridge before we came to Dotra's house.

We followed the road and crossed the bridge.

We rested at the junction of the road as I said earlier.

From where we rested we could see clearly the tractor road.

We rested before we proceeded to the garden.

Other people have garden around this area. But we have to come first to Stephen's garden on the way.

Before we got to Stephen's garden, we did not meet anyone.

That afternoon we did not talk to Martin's mother before we got to Stephen's garden.

There were people there hoeing garden.

We did not get to look for mangoes.

We did not take any mangoes.

Re-xm by DPP: No Ques.

xm by Ct: When Martin was having his shower at the water supply it was in the afternoon.

DPP: No Ques arising
C Taga: No Ques arising.

PW14: Bai Panoisiri(Sworn)

I lived at Komuhaoru Vge, Marau Sound.

On 30/3/92 I was at home.

In the morning of that day I went to Vunivatu Vge to help Stephen to hoe his garden.

This garden was in the bush. I had to go past Karipopora.

I reached the garden about 9.00 am that day. There were other people already in the garden. I just helped them.

I know Martin Sutarake.

It was about 3.00 pm that day before Martin Sutarake came to the garden to join us. No one else came after him.

He was accompanied by some children.

We used hoe to hoe the garden.

When Martin arrived, I did not know where he came from.

It was Sutarake who took over hoeing from me after he asked me for my hoe.

When Sutarake took the hoe from me, he said that in the morning he went to Manikaraku for dressing.

Samuel Rapeiasi was next to us.

I heard Samuel talked to Sutarake as to what happened to his head because he saw blood coming down from his head.

Sutarake said that Calisto's soccer boot hit him when they played soccer the previous day i.e. on Sunday.

Sutarake also said that after he had his shower, he combed his hair and the comb poked his wound, that's why blood came out again.

I then asked him why he did not dress his head because he said he went to Manikaraku clinic in the morning.

Sutarake mumbled but I could not hear what he was saying. I did not hear what he was saying more in response.

When I saw him hoeing, I noticed he was acting strangely while hoeing.

A woman shouted to Sutarake telling him to take easy with the hoe.

Sutarake tied a piece of calico around his head over the place where the blood was coming out from.

After hoeing, Stephen called all of us to go and eat. The woman would eat later after they planted the vines.

We went to have our food.

Martin Sutarake did not join us. He went and sat far away from us.

Stephen called Martin but Martin said that we could go ahead and eat first.

We ate.

He then came and took a plate and spoon and got some food. He then went back where he was sitting, away from us.

After we had our meal.

Stephen called me and asked me to go home first and to find smoke. We left for home.

We followed the same road.

This is the same road where we found the dead body.

Before we came to the body, I saw a home basket. We moved a little and I saw a plastic, (a small one) then I saw the body of the woman lying down.

When I took a closer look, I recognised that it was Salome Oinaire.

I saw a cut at her neck.

Stephen and I ran back to the garden and told them about the dead body.

We first talked to Francis Kama and told him about Salome's body. We told him that she was dead.

Francis then ran ahead. The rest of us followed behind.

We saw flies and blood around.

The blood dried up.

Francis ran to the police station and reported.

A number of us waited at the place where the dead body was.

I then went to Karipopora. On the way a man ran toward me. I then realised he was Sutarake.

I told Sutarake that somebody killed his sister and that she was lying beside the road.

Sutarake then replied, and said that he was running to that place to see that.

I continued on to Karipopora.

The police came and saw the body and then took the body.

xxm C Taga:

Nobody talked to him first. It was Martin who said the he had been to Manikaraku:

He picked the hoe from my hand.

It was Sutarake himself who told me that he went to Manikaru in the morning for dressing.

When Martin was talking to Samuel, I was with them.

I noticed the blood was dropping down from the right side of Sutarake's head.

[witness demonstrated the position of the head where blood came out from accused;s head]

Samuel and Martin did not talk about any important business. They only talked about the blood coming out from Martin's head.

I saw the cut on Sutarake's head. I was about 8 metres away from him.

Sutarake faced me. So I saw the cut on his head.

From where I stood I could see it was his right side which had the cut.

I believed the cut was on his right side of his head.

He said it was caused by soccer boot. When he was hoeing, blood came out. He stopped hoeing and he rubbed the blood with the other hand.

The children also ate with us in the garden.

When we first found the body, we were about 10 metres always. Then we went back to inform the others.

I came back to the dead body together with the others. I stood 10 metres away again. I did not go closer.

When I saw Martin running toward me, he was by himself. He was not with the others who went to see the body.

Re-xm by DPP:

I did not see him when he came but I only felt when he took the hoe from me.

I turned to see and I noticed it was Martin Sutarake.

I noticed he tied his head with a piece of calico.

x by ct:

When he came and took the hoe from me I noticed he was wearing a sports pant with white stripes to the sides.

The sports pant was red.

He did not wear any shirt. He had a naked body. He wore only the sports pants.

DPP: No Ques arising
C Taga: No Ques arising

PW15: Stephen Oriria (Sworn)

I live at Komunipoa Vge, Marau Sound.

On 30/3/92 I was at my Vge.

In the morning I went to my garden to hoe my garden. Other people came to help.

Martin Sutarake came and helped me.

Close to evening we finished hoeing.

After hoeing we had some food and people started going home.

I and Ben went home because I wanted to smoke.

We followed the same road which we followed in the morning.

On the way we came upon a body of a dead woman, Salome Oinaire.

I noticed a cut on her throat. She was dead already.

I and Ben went back to tell the others who were in the garden.

We came and told Francis and his wife.

We came back and stood beside the body.

I told people not to touch to the body until police came.

Francis went to get police.

I waited a while then I followed Francis.

Then on the way I met a group of women at Vunivatu.

I then continued and met Martin Sutarake between Karipopora and where the woman lying down dead.

I told Martin about Salome's dead body. I told him not to touch her body.

Martin did not talk to me but proceeded to where the others were with the body. Martin Sutarake said it was Francis who told him about the dead body:

I and Ben noticed a basket first before we spotted the dead body. The dead body was about 10 metres away from the basket.

xx by C Taga:

Ben and I were about 8 metres away from the dead body.

From that distance I could clearly recognise that it was the body of Salome.

We noticed a cut on the neck. She layed facing us so we could see clearly the cut.

We noticed blood on her shirt.

We did not go very close to the body. So we could not tell if the blood was fresh or not.

Martin was alone when I met him.

Martin said he heard the news from Francis that's why he ran to see the dead body.

I sent Francis to report to police. Francis would have informed other people on the way to get the police.

Sutarake was by himself when I met him.

Re-xm by DPP: No Ques.

x by Ct:

The cut that I noticed on the neck of the deceased was a big one. The wind-pipe was cut and came out about half inch.

I did not notice any sign of struggle around the body.

DPP: No Ques arising
C Taga: No Quest arising.

PW16: Charles Edward Koto (Sworn)

I am P.C. No. 646

In marau 1992 I was posted at Marau Police Station.

On 29/3/92, I played a soccer match at March.

I was a member of Station Olos team.

I know Martin Sutarake He is in Ct.

[witness identified accused]

Martin was at the game. He played on 29/3/92 for our team, Station Olos.

During the game we played Nita United.

In the course of that game, none of the members of my team suffered any injuries.

Nobody injured Martin's head with boots. He played throughout the game.

Martin did not suffer any head injuries during the game.

The game was a good game and controlled.

Martin only suffered knee injuries - scratches to the knee.

xxm by C Taga:

We only had that game that day.

I know Gabriel Takasi. He played for Nita United.

Gabriel played a position in the game but I don't know which position.

It was clear game

There was no row during that game.

I forgot who refereed the game. I know Charles Tahera.

Gabriel Takasi did not cause any injuries to Martin Sutarake's head.

No such injuries happened to Martin.

Referee did not blow any whistles.

Charles Taheru never took any free kick.

Re:xm by DPP: No Ques.
Ct: No Ques

DPP: I will call 3 others witness.

In the meantime I tender u/s 180A CPC:

(1) Med. Report - admitted as Exh "A"

(2) Photo Album - Exh "B"

(3) Sketch plan - Exh "C"

(4) Caution Statement (Pidgin) - Exh "D", Exh D1 - Translation.

C Taga: I may call my client only and no other witnesses.

Ct: Adj. 9 am
6/10/93 - JM 5/10/93
6/10/93 9.45 am
Ct: resumes

DPP present
Accused present
Counsel for accused absent.

Ct: Where is Counsel from accused?

DPP: Mr. C Taga is not present. I have no idea of where he is at the moment.

I also believe, Mr C Taga had not contacted the Court Registry.

There is no explanation of Counsel's absence.

He had not contacted the court nor the counsel for the Pros to say why he is not present.

The Court waited for 45 minutes hr for him with no sign of him or with no explanation.

This is a serious matter and the Court cannot take it lightly. His client is facing a murder charge.

I adj. this matter.

Counsel for the accused to produce to the Court reasonable explanation for his absence. The Court will then deal with Counsel first before proceeding with this case further.

Adj. 11 o'clock this morning.

JM 6/10/93

11.15 am

Ct resumes:

DPP present
Accused present
C Taga: Counsel still absent.

DPP: Counsel for accused not present.

He has not contacted me nor has he contact the Court.

We may have to adj this case to 1.30 pm

Ct: I have not alternative but to adj. this case to 1.30 pm this afternoon.

DPP:

It is a serious matter for counsel to be in default half-way from appearing for the accused without good reason.

His client has been tried for murder, the most serious offence under the P.C.

If Counsel is for any reason not able to be present, he should inform the Ct.

For Counsel to fail to notify the ct in this case kept the Ct waiting is very improper.

As an officer of the Ct, counsel must attend Ct at the time set for hearing unless for good reason he should be excused.

Failure in this circumstances would amount to Contempt of Court.

It may also be a matter carrying disciplinary action.

Ct: As I said I adj. this case to 1.30 pm today.

Counsel's absent with no explanation to the Ct and to his client in this case is a serious matter.

This is likely to amount to contempt of Ct.

Counsel is to explain. to Ct why be did not attend the sitting and to show cause why the Ct should not hold him in contempt of Ct.

Signed: JM 6/10/93.

1.45 pm

Ct resumes
DPP present
Accused present
CT: (Counsel for accused) still absent.

DPP: Once again C. Taga is not here again.

No contact has been received from him.

I seek adj. to 9 am 7/10/93.

Ct: I grant the adj. to 9 am 7/10/93.

I order investigation by police into the reason for Mr. C Taga's absence.

I order that report be produced to the Ct tomorrow morning.

Mr. C Taga is ordered to show cause why I should not hold him guilty of contempt of Court when he appears before this Ct.

Signed: JM 6/10/93

7/10/93

[Ct: deals with C Taga's Contempt of Ct case first]

[Trial continues]

PW17: Robert Piringisau (Sworn)

I am Insp. of Police

I know Martin Sutarake. He is in Ct.

[witness identified accused]

On 21/12/92, I recorded a caution Statement from Sutarake.

I gave the usual caution to the accused.

I did not force nor threaten the accused.

The interview was in quest and answer form. He signed, I signed, and my witnessing officer also signed.

It was in Pidgin and later translated to English.

[Copy of C/Statement handed to witness]

This is the statement I recorded from the accused.

[witness read C/statement to the Ct]

xxm by CT: No Ques.
Re-xm by DPP: No Qeus.

DPP: I tender the C/Statement and translation
Ct: Pidgin Version Exh. "D"

Translation "D1"

The Ct has no question.

PW18: Timothy Fanasia (Sworn)

I am a Insp. Police and OCS, Marau.

On 30/3/92, I remember about the alleged murder.

I know Francis Kame. He came to Station that day that a woman was killed. That woman was Salome Oinairi from Poinaho.

I accompanied him to the scene by police vehicle with other officers.

We arrived at the scene at 1730 hrs.

On arrival, I found woman lying across the road. It was a foot path.

When I saw the woman, I noticed there was cut at the back of neck and the other one at the front neck. Those were the first wounds I noticed.

Later we looked around the scene, I found a basket about 10 yards away on the road from where the deceased was lying.

We could not find any purse, but we found a small plastic about 4 yards from where the deceased was lying.

Later we carried the body into the landrover. At the Vge, we washed the body of the deceased.

We noticed a cut across the palm of her right hand also. It was a long cut and about one inch deep.

We found two other wounds - on the chest and just above the groin.

Later the doctor conducted an examination of the body after we requested.

The wound on palm would appear to be from a sharp instrument.

We made a search at the scene and could not find any knife.

xxm by C Taga:

We arrive at the scene at 17.30 hrs.

When we got to the scene, we noticed the blood was already dried.

The blood on the surface of the wounds was dry already.

There were blood on the ground under the neck of the deceased and around the body as well.

Re-xm by DPP: No Ques
x by Ct:

During the search, we found there were small bush tracks in the area.

I and my officers followed these bush tracks.

It was a dry season, the bush was dry, and I did not notice anything unusual.

x by DPP:

It was about 50 metres from the scene of the incident where the creek was to west - just above the bridge area.

There are bushes around the area.

C Taga: No Ques arising
Ct: No further ques
PW19: Margaret Hitarau [sworn through interpreter]

[Are Are language]

I live at Sari Vge, Marau Sound.

My brother is Calisto Houma who was married to Salome Oinairi.

Mariano is my husband.

Calisto Houma died.

After Calisto died my husband, Mariano did something with Salome. They had sex in 1991.

There was compensation of $300.00 paid by Mariano in accordance with custom.

My husband is still alive.

After the compensation, I had no further ill-feeling toward the deceased.

xxm by C Taga:

After the $300.00 was paid, I saw Salome (deceased)

I had no bad feeling against Salome.

After compensation, I stopped Salome from coming to Sari Vge, because Salome never paid any compensation to me for what she and my husband did.

I saw Salome's body in the house before burial.

I used to see Salome before her death but not talking to her because she was afraid to talk to me because of what she did.

Re-xm by DPP: No Ques
Ct: No Ques.
DPP: That's close of the prosecution case.

C Taga: I do not have any application to make.

Ct: I find there is a prima facie case against the accused.

C Taga: My client wants to give sworn evidence.

Accused: Martin Sutarake (Sworn)

I come from Pinaho Vge, Marau Sound

I know why I come to Court on a charge of murder.

On 30/3/92 I was at home.

In the morning I went to clinic for dressing at Manikaraku.

I left home about 8.30 am and went to the clinic.

I went to George's house, then I went to Clinic. I got to the clinic when a police officer called me.

I went to the police station.

The officer, Muaki, told me that he would interview me about the row between myself and my wife.

After that I went to clinic.

I dressed my knee which was injured during soccer match the previous day.

The nurse only painted my knee.

I told the nurse about the injury to my left head which Rakasi's boot had caused. It was caused by the left spike of Rakasi's boot.

I went back home and on the way I had tea at George's house.

After that, I proceeded home.

At RSP I met Dotra and Natei and we went home.

They went to the store on the way and I sent first home.

From Manikaraku to my place is about 1 and half hrs walk.

Dotra and Natei waited for the school children.

On the way, I stopped at Waihusa, to pay for my watch from a woman. I paid $10.00

I reached Waihusa at 1.30 pm

I reached my house at about 2.00 pm. After I arrived, I rested a little and then I washed my clothes.

Dotra and Natei were still behind waiting for school children to finish school.

The school is about from here (Ct house) to St. Barnabas Cathedral.

I was washing my clothes while Steward, Ramo and Rohoa were playing just around the area. I then asked them to follow the

After washing, I told them to wait while I go to look for smoke at O'one at Oneimara's house. This was after I washed my clothes.

[Exh C shown to accused]

I see my house's position on the sketch.

To go to Manikaraku, I had to come westward.

The only time that day that I went pas the bridge, was when I and children went to look for Mangoe.

When I went to Manikaraku I wore black T-Shirt and a black short down to my knees. The writing on the T-Shirt was 'TAIKWANDO"

When I washed my clothes, I also had a shower.

When I had a shower I used a "Lava Lava"

After that I changed back to the clothes I wore earlier in the morning.

Ramo is my relative. He was born from my deceased sister.

I did not have red pant. So I did not wear a red pant.

After I returned from Oneimara's house, then I and children went to look for mangos.

No one was at home everybody had gone to the bush.

I know Agatha Hiruapu.

When I had shower, Agatha came past to go and get sand from the beach.

Oneimara's other name is Athanasius.

I only went to Athanasios house once that day - not four times as stated by him. I can't remember what time. Might be it was 2.20pm. I wore my clothes (the same clothes that I wore in the morning) when I went to Oneinara's house.

I went to that house from the road direction.

I went back to the children and saw from my watch that it was 3.3.0 pm.

Then we went and past the bridge. We followed the road to Karipopora and came to Dotra's house.

I then asked Dotra if he could follow us. Dotra refused. We followed the road, until we came to the garden. We heard people shouting in the garden.

I came to where my mother was and I asked her if the people had finished making garden.

We did not take a rest on the way. The two children were lying ones. I did not leave them at the junction as stated by Ramo.

We proceeded to the garden.

I then went and took a hoe which was left on the ground.

When I hoed, the hoe hit my left side of my head and it was blood.

I did not take the hoe from Ben as he stated. I picked up from the ground.

After hoeing, I joined them with the eating.

I did not reply softly to Ben.

It was the hoe which hit my head causing it to bleed again.

I did not tie any calico around my head.

I know Joseph Asitoha. I know his wife. They come from Momunikau.

At the time I saw Joseph in the garden so also his wife.

His wife did not talk to me at the time. She never told me to take easy with the hoe.

I used the hoe in a proper manner.

The small boys who accompanied me also had some food.

I sat with the rest of the people during that time when we were eating.

I did not sit by myself as Ben said in Court.

After we had some food I and children left, and came out at Su'u. We followed the main road.

We came to Dotra and his friend who were climbing coconuts. They gave me a coconut which I took. The three boys were with me.

I know Francis Kame. He is from Komuvaolu.

I saw him in the garden but not after that.

When we reached home, Ramo told me to go and but arrows at the sea side.

While we were there, people passed by the road toward the bridge. We did not see them.

Lawrence came to me and told me that my sister was killed.

I then went to the house and Lawrence told Sylvia. Then Lawrence and I followed.

We reached the place where the body was.

I then cried and then I helped chased flies until police arrived.

I noticed two cuts to her neck.

We carried her to police truck and took her body home. Where we cleaned it and dress her up.

I know Daniel. He is my brother.

I did not see him and he did not see me.

He came after we took the body.

The deceased and I had row before because she had sex with Mariano. This was in 1990.

Not at anytime after that did I had row with her after that.

It is not true that I used to chase her with knife and spear.

Only once she went to sleep at another Vge because I got angry with her for what she did. She did not go back to her children until she paid compensation to her children.

Fred Mae is from Kwara'ae: The only time Salome ran away was when I got cross with her for what she did with Mariano. That's when she went and stayed at Asitaba's place.

It is not true that I wanted to spear the deceased once as Mae said.

I know Rakasi and Manekera.

On 30/3/92 we played soccer against their team.

That game was a fine game at the first half. Manekera kicked our goa-keeper. He was unconscious. We carried him out.

Then when I wanted to head the ball, Rakasi kicked also and his spikes hit the left side of my head.

The game was rough at the second half.

xxm by DPP:

My wife's name is Naomi Surua.

We were married in 1989.

In 1991 we had a row. During that time, I hit my wife. She did not received injuries.

I hit her at her face and was injured at and around her eyes.

I also kicked her.

I then took her to clinic. She was admitted at the Manikalaku clinic for 4 days. She was under injections. The place where I kicked her was also painful - towards her kidneys.

After row she went back to her people.

I paid $500.00 compensation to her relatives.

I did not hit her always. That's the only time I hit her.

We had the row over play.

During the whole month of March 1992, my wife was with her people. I was by myself at my house.

Ct: Adj. 1.30 pm Signed: JM

2 pm
Ct resumes
xxm by DPP (Cont.)

In 1991, I was at home with my wife.

In 1991 we had a row once. I did not beat her up and she did not go to clinic.

In Feb. 1992, when I kicked my wife we took her to the house and one boy went to get police. Her belly was painful. She could not walk.

We stayed in the clinic for 4 days.

On 29/3/92 I was at my Vge, Pinaho and on Sunday I played soccer against Nita United.

I played whole game. I did not fee sick during that time.

I enjoyed the match. I played as I used to play before to the end of the game. I headed and kicked the ball during the game. The Scratches to my knee were a serious scratches. The nurse only painted them. That's the only time I dressed the scratches.

I did not feel sick on 30/3/92.

I wore a trousers done to my knees.

The only complaint that I went to the clinic for was the scratches to my knees.

When Rakasi kicked my head it was a small cut by spikes of Rakasi's boot. When I wanted to head the ball, Rakasi kicked. It hit my head. As a result, we had a free kick.

I say Rakasi kicked me.

The Police officer who testified was lying.

Manekera was also lying.

The three persons never have any row with me before. We were all friends before.

In the evening before my sister died, I did not have row with my sister.

I did not pull her down the ladder of the house.

Poinaho is a little far from Oneimara's house.

From Oneimara's house one can look to the road.

From his house he can see people on the road.

Before I went to the clinic. I followed the side of the sea. I did not call in at Oneimara's house.

On the way back from clinic I went to my house first and then I came back to Oneimara's house.

When I went to wash my clothes, no woman or girl came to talk to me.

I do not know Alice Solodi.

There is a Brian close to Waimaea.

I did not ask $10.00 from Alice.

I know Anna who comes from Raukai. She is Brian's mother.

On 30/3/92 I did not go to Raukai Village.

Brian did not give me any $10.00 is not for carrying sticks.

There were 3 boys, Ramo, Steward and Pohoe at the house when I came back from the clinic.

Asitaha's house is at Komunihau.

I can see it from the road.

They can look to the road from Asitaha's house already. I had no argument with Fred Mae before.

Hunihasu Bridge can be crossed over the bridge or take another crossing below the bridge.

Two sides to the bridge are covered with bushes.

On the east side of the bridge there are roads going up to the bush. The road (foot path) goes right far up in the bush.

At Karipopora, I talked to Dotra. When one follows the road, the feeder road goes all the way and the other is a tractor road.

From the junction of the road to where Salome's body was found is like from the witness box to the steps outside the Ct.

We did not climb coconuts nor did I eat coconut.

I did not leave 3 boys at the junction.

If I follow the feeder road, I reach Stephen's garden but have go through a small road.

If I follow the feeder road, I would go past the place where Salome's body was found and then to Stephen's garden which is further away.

We followed the bush road because it was a short cut to Stephen's garden.

I am the only big man in the group.

I chose to follow the road that goes through the plantation. I led us to follow that road because it was a short cut.

It was my own idea to go and call Dotra.

John Pohoa, Steward and Ramo waited for me because I told them to wait for me.

Ben Panoisiri and I had argument before during Kura game.

Before 30/3/92 we did not have argument.

It was the hoe which caused my head to bleed.

[acc'd demonstrated how hoe hit his head]

Daniel Oneimara is my brother.

Daniel and I had row before.

Where Salome's body was found were gardens around the areas.

There were no roads connecting Sari and the gardens close to where Salome's body was found.

When I returned from clinic, Daniel and his wife went to the garden. There was no one in the house.

When Rahasi kicked me during the game, my head was bleeding. It was painful.

The cut on my head was caused by boot not knife.

I noticed the cuts on my sister's neck was caused by knife. I don't know if the knife was sharp.

The other wounds I don't know what caused those.

If I saw my brother I would not hide from him. It would be unusual if I hide and ran away from him.

I say Clementina Pukera did not see me go past the bridge.

I did not meet Fred Mae at the bridge. I could talk to them if I saw them.

I did not know about the cut they said on my right side of my head.

I cannot show Rahasi kicked my head. I don't really know how he kecked but it was at the same time when I headed the ball, Rahasi kicked.

Re xm by C Taga:

The tractor road leads to the gardens.

Stephen's garden is to the left side of the tractor road.

The road that we followed is shorter than the tractor road.

The road was clean.

I had argument with Ben in 1991 about Kura. I have no had feeling against Ben anymore. But Ben sometimes talked to me.

xm by Ct:

It is not true what Daniel said about seeing me in the bush and that I ran away.

I wore a black short down to my knees and a black T-Shirt.

It was 3 pm when I went to help hoe the garden.

When I was talking with PC Muaki on 30/3/92 morning I already had injury to my head.

Muaki interviewed me for along time. I think about half an hour.

While interviewing, I sat facing PC Muaki.

DPP: No quest. arising.
C Taga:

When I was interviewed by Muaki I already had the injury to my head. It was not bleeding then until the hoe hit it.

C Taga: That concludes the def's case.

DPP (Submission)

[hand up in writing]

Acc'd and dec'd had arguments in 1991 and 1992.

Dec'd fled for safety on a number of occasions.

Dec'd was seen going passed the bridge direction the same direction that deceased took.

Dec'd died.

Deceased's knife was not found.

Description of wound fits in with the wounds possibly caused by the deceased knife.

Accused's evidence could not be believed.

If there was any other person coming after the deceased, he or she would discover the deceased's body.

From the testimony of the def., he has denied going to Athanasius house in the morning on the way to the clinic and on the way back and the final visit in the evening.

The acc'd only told the Ct about the visit before going to garden in the afternoon.

The acc'd's denial is on attempt to avoid being seen as having been returning from the scene of the murder.

Also he is trying to avoid the identification by different people.

The acc'd tries to give explanation to suit his story.

I submit that Athanasius story is consistent, clear and credible.

Daniel Oneimara's evidence also credible because his sighting of the acc'd in the vicinity of the garden area, also consistent with the timing as stated by Athanasias as well as that of Ramo's evidence.

The sighting by Athanasius of the accused is consistent with that of Daniel Oneimara and also that of Ramo.

There is no evidence to throw doubt on the evidence of Pukera.

Shortly after accused was sighted the deceased was also sighted going the same direction.

The evidence of Ramo as to the waiting at the junction is credible. The distance put by Ramo was not far.

Although Ramo is a child, his evidence is credible.

One Salient point made by acc'd was that there was no bush tracts going to the area where the deceased's body was found.

The pros. brought this case on circumstantial evidence.

Circumstantial evidence is more cogent than direct evidence

There is evidence in this case that pointed to guilty which was not explained.

(1) The acc'd was seen coming from the direction of the scene of the murder.

He avoided being seen by Daniel Oneimara.

(2) The lie is also important. This lie is about the used of the boot to cause the injuries.

(3) The acc'd avoided going to the scene of the murder with the children.

(4) The lie about the bush tracks is important. The acc'd lied about this to discredit Daniel's evidence.

The wounds on the dec'd and acc'd came from same knife. They came from the dec'd knife.

That was the same knife was thrown into the swamp by the accused before he came out and was seen by Athanasius Oneimara.

C Taga: (Submission)

There is no eye witness to actually witness the death.

All evidence were circumstantial.

There are significant inconsistencies in the evidence of the prosecution.

The evidence of PC Muaki who said that when he saw the accused, he said the acc'd's and was swollen. None of the other witnesses made reference to that.

Clement's evidence said that when she saw the dec'd with the boys, the boys were behind.

Dotra saw dec'd and boys said he saw them crossed bridge together.

Dotra said that he saw dec'd went passed his house.

Dotra said that it was not long before he saw acc'd and boys came passed his house.

The Ct must accept that Dotra was the last person to see deceased alive.

The next person to see the deceased was the accused.

Daniel Oneimara said he met the accused in bush in the afternoon.

That pieces of evidence could only be credible if it was supported, say by his wife.

Ramo's evidence said that the acc'd changed into red pant.

I submit that if he had done something that person whom Daniel met in the bush, should not have sneezed to avoid being identified.

The Ct should treat evidence with caution.

Athanasius said that the def. came to his house 4 times that day. One when Athanasius's workmates were at the house.

The accused said he went to his house only once. This was about 2.00pm.

Athanasiu's was then a council cashier and so Ct should accept that the accused went to his house once at two 2.00 pm when those others were at the house, not 4 times.

Athanasiu's evidence must be treated by Ct with caution because it is not corroborated.

Ben Panosiri saw blood drifting from a wound on the accused's right side of his head.

The accused had scar to the left of his head and not at the right side.

The place where the scar was located much closer to the ear than the forehead. Being on that spot, PC Muaki would not be in the position to see whether or not the accused had a would on the left side of his head.

Pukera said she saw Nellie and Ruriti went past.

Mae said he only saw Nellie.

This is contradictory.

Further it calls in question Pukera's evidence as to her ability to recall what she saw. What she saw was distorted. She could not recall what shirt the def. wore.

In response to the DD's submission, I submit the accused did not deliberately avoid the scene of the murder. He took the other road because it was a short cut to the garden.

A reasonable man would have also taken the short cut.

If the accused committed the murder, he would not have used the water supply in broad day light. He could have waited for night fall in the bush.

In relation to the knife, there was no evidence that the knife was thrown into the swamp, except that it could not be found.

The acc'd is charged for murder, the more serious offence in the PC.

Pros. has to prove the case against the accused to the required standard. The pros. must prove the case beyond reasonable doubt.

Taking the evidence of the pros and that of the accused with the inconsistencies, I submit that doubt has been casted over the prosecution case.

And so the pros. has not discharged its duty to the required standard.

Because of the doubt, the accused could not be convicted. He should have the benefit of the doubt.

Ct: Reserve judgement in this case to 21/10/93 (Thurs.) 9.am.

Signed: JM (G.J.B. Muria)
7/10/93. CHIEF JUSTICE