Regina v Onga [2010] SBHC 10; HCSI-CRC 94 of 2008 (24 March 2010)

HIGH COURT OF SOLOMON ISLANDS
Criminal Jurisdiction

Criminal Case No. 94 of 2008

REGINA

V

ISAAC ONGA

(Mwanesalua, J.)

Date of Hearing: 23rd March 2010
Date of Judgment: 24th March 2010

Ms Racheal and Mrs Kesaka for the Prosecution.
Ms. McSpedden

RULING

MWANESALUA, J: The accused Isaac Onga was charged with Manslaughter under Section 199 (1) of the Penal Code. It was alleged that he caused the death of Walter Penibanga on 6 January 2007, at Temotu Province. He pleaded not guilty to the charge on arraignment and a trial proceeded.

The prosecution opened its case and called the first witness Joycelyn Takole Neinge to give evidence. This witness was still giving evidence in Chief when the prosecution closed its case. The defence made a submission that the accused had no case to answer.

The law in a no case submission have been established in this jurisdiction in the Court of Appeal judgments of R –v- Tome (2004) SBCA 13, CASI-4104 and R –v- Somae (2005) SBCA 11, CASI-3104.

In R v. Tome the court held that "the test is not whether the prosecution has proved its case beyond reasonable doubt but rather whether there is evidence capable of supporting a conclusion beyond reasonable doubt that the accused is guilty".

In Regina v. Somae (ibid) the court reiterated the test as follows;

".......there must be some evidence capable of establishing, whether directly or inferentially, every element of the offence charged beyond reasonable"

There is virtually no evidence capable of supporting a conclusion beyond reasonable doubt that the accused is guilty in this case. The no case submission by the defence succeeds. The accused is therefore acquitted of manslaughter and is discharged. Order accordingly.

THE COURT