Regina v Manu [2015] SBHC 81; HCSI-CRC 351 of 2012 (29 September 2015)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J.)

Criminal Case No. 351 of 2012

REGINA

V

CECIL MANU, SIMON PETER DELEMANI & PETER DIAU

Date of Judgment: 29th September 2015

Ronald B Talasasa (DPP) and M Manata for Prosecution
Serah T Karani for Cecil Manu – First Accused
George K. S. Gray for Simon Peter Delemani – Second Accused
Nigel Galo for Peter Diau – Third Accused

JUDGMENT

1. All the Accuseds were charged with the alleged murder of Simon Fuo'o the "Deceased" on 21 April 2012. The Second Accused was also separately charged with the alleged unlawful wounding of Billy Kwalasi. All the Accuseds have pleaded not guilty to the charges on arraignment. After the close of the prosecution case, all the Accuseds have exercised the right to remain silent. Further, they have decided not to make unsworn statements from the dock. All these were done according to Law. And no adverse comments can be made against them for taking such steps. They had been done within their rights as accused persons.
   
2. There were four Accuseds in all at the beginning of the trial. One of them was a juvenile. During the course of the trial he pleaded guilty to the charge of murder. He spent time in custody and has no previous convictions. He was convicted and sentenced to a term of nine years imprisonment on 21 August 2015.
   
3. This is a criminal case. As such, the rule is that the Prosecution bears the burden of proving the guilt of each Accused beyond reasonable doubt. The extent of that rule is that the Prosecution must prove all the elements of the offence of murder against each of them beyond reasonable doubt.
   

CLOSING SUBMISSIONS

4. The closing submissions by the Prosecution in relation to the murder charge is that it was the Accuseds who assaulted the Deceased at the scene of crime. Their assault on him caused injuries which lead to bleeding and death. The nature of the injuries are described in paragraph 17 below. The scene of these alleged crimes was on the road east of the Naha Kola Bus Stop merging with the market exit road close to the electric post bearing the light illuminating the place of the assault.
   
5. The closing submission for the First Accused is that he was not a party to the unlawful acts inflicted on the Deceased which caused his death.
   
6. The closing submission for the Second Accused is that the Prosecution had failed to prove his guilt on the murder charge. He said it was the Deceased who grabbed him but he freed himself and escape from the Deceased.
   
7. The closing submission for the Third Accused is that there is no evidence against him for causing the death of the Deceased. He is therefore entitled to be acquitted of the murder charge laid against him.
   

AGREED FACTS

8. There are agreed facts in this case. They are that: The First Accused was present around the vicinity of the main Market between 2 am and 3 am of 21 April 2012; He lived at Koa Hill; He left Paradise Night Club at 2am on the night of 21 April 2012; when he arrived at the Market, the argument between the Second Accused and Billy Kwalasi occurred, followed by the argument and pushing between the Second Accused and the Deceased at the area within the vicinity of the Naha Kola Bus Stop opposite the Car Park to the Main Market.
   

EVIDENCE

9. There is evidence that there was light coming from the electric post mention above to the scene of the alleged murder. There were drops of stains in brownish red colour towards the exit road which merges with the main road. There was no forensic test made on these stains to ascertain whether they were stains of human blood. But there is no doubt that they were dry blood stains of the Deceased. The said electric post can be viewed in photograph 1 in the album marked Exh. p-2. The brownish red colour stains appear in photographs 2 to 8 in Exhibit p-2. These exhibits have been agreed by Counsel and tendered to the court.
   
10. The Medical Report on the Deceased was also agreed by Counsel and marked Exhibit p-3. The pathologist who examined the body of the Deceased at the hospital in Honiara found ten abrasions, four bruises, three slash wounds, four lacerations, four stab wounds and a fracture to skull with subdural bleeding. The Prosecution did not called the Pathologist to explain the technical nature of these injuries, wounds and their consequences. This is vital where fists, legs, blunt and sharp instruments are used in a fight which resulted in death. The injuries are referred again in paragraph 17 below.
    

THE UNLAWFUL WOUNDING CHARGE AGAINST THE SECOND DEFENDANT

11. The Victim in that charge is Billy Kwalasi. There is no dispute that he was on duty at the Security post at the Honiara Main Market from 1am and 2am on 21 April 2012. He heard noise coming from the entry gate. There was light in the Security office and at some areas of the market. He cast his eyes to the gate and saw two persons there. One of the persons slipped opened the gate, entered and opened from inside to enable the other person to enter the market compound. The Victim saw the men with objects. He recognised one of them to be Simon Peter Delemani who held a knife. He did not recognise the other person whom he saw holding a large hook. He explained that such hooks were used by fishermen in net boats to off load fish from storage wells.
    
12. The Victim's evidence is that it was the second Accused who stabbed the palm of his left hand with a knife. He was near the door to the Security Office when the Second Accused attacked him. There was light at the security office at the time of the incident. The Second Defendant stabbed his left palm. He escaped from the market. He later went to the road, boarded a taxi and went to the National Referral Hospital for treatment. Billy Tisa was at the market and saw the person who stabbed the victim. He did not know the name of the person who stabbed the victim. He was standing about ten metres away when he witnessed the stabbing. The second Accused is convicted unlawful wounding.
    

THE MURDER CHARGE AGAINST THE FIRST, SECOND AND THE THIRD ACCUSEDS – THAT IS CECIL MANU, SIMON PETER DELEMANI AND PETER DIAU.

13. The sketch plan of the scene of the alleged murder is market Exhibit 7. Letters H stands for the White Hilux and Letter C for the Deceased's car before the Accuseds allegedly attacked the Deceased. There was no photograph taken of this Bus stop.
    
14. Medley was the driver of the said white Hilux. He was at car wash club when he was contacted by the Deceased by phone to wait for him at the Naha-Kola Bus Stop. Medley left car wash about 2am on 21 April 2012 and waited for the Deceased who came in his car and parked it a short distance behind the Hilux. The Deceased exited his car and walked to the Hilux to talk with Medley. The Second Accused walked to the Deceased's car and smashed the rear glass of the car. The Deceased asked the second Accused for reasons to damage his car. The second Defendant was armed with a knife. The light at the electric post eliminated the scene of the attack.
    
15. Willie Sasapia saw the Hilux and the Car parked at the Naha Kola Bus Stop. He saw two boys struggled with a man who fell down at the bottom of the electric post. He saw one of the boys held a knife and other held a hook. That was about 3am. The boys threatened to kill him. He identified the second Accused as one the boys. William stood about ten to fifteen metres away from the fight. He saw the second Defendant stabbed the Deceased with a knife. This evidence is vital because it connected the two boys with the stabbing of the Deceased before he fell down near the electrical post.
    
16. Hilda Mae was at the main market at 3am on 21 April 2012. He was awaken by the noise of a fight at the Naha Kola Bus Stop. She saw John Tii holding a hook which he struck the Deceased's back with it. The Deceased fell on his knees to the ground. She saw the Cecil Manu the First Accused there as well. He saw him struck the head of the Deceased with a hook about a foot in length and its thickness about the size of a thump. There were slash wounds on the side of the Deceased's head. She also saw Simon Delemani there as well. He kicked the Deceased with the boot he was wearing that night. At that point in time the street light at the electric post at the Western end of the SSEC church facing the main road and near the exit gate to the main market was on. Hilda Mae saw the Accuseds without any obstructions. She said she knew and identified them as they were all living at Koa Hill in Honiara.
    

INJURIES SUSTAINS BY THE DECEASED

17. Abrasions[1]: These injuries are located on the right chest, left shoulder, side of the chest, on the right knee, on the left chin, on the right side of the left arm, on the right elbow, at the back of the left and right forearm. They are likely to be caused by blows. An abrasion is an injury resulting in the loss of the superficial layer of the skin. It seems to this court that the number of this class of injury in different parts of the body, were more likely caused by blows from kicks and thumping on the mentioned parts of the Deceased's body.
    

Bruises[2]: These injuries are seen on the right chest, right shoulder, upper lip and left shoulder. These injuries are blunt injuries which crush the blood vessels causing blood to escape into the tissue spaces rather than running free. They are caused by a blows from a blunt weapon, by crushing or compression. In this case they were more likely to be caused blows delivered by swinging feet to the affected parts of the Deceased's body.

Slash Wounds[3]: These wounds are situated on the left side of the head, on the left side of the forehead and on the nose with the upper lip. They may be caused by any object with a linear or pointed edge such as a knife or other sharp instrument.

Lacerated wounds[4]: They are located on the right cheek, on the lower lip, on the right shoulder and along the right arm. They are splits or tears caused by blows from blunt objects. They may be caused by violent fall on hard or sharp projecting surfaces. But in this case they are more likely to be caused by knives.

Puncture or Stab Wounds[5]: They are situated on the right side of the mouth and on the left upper back. They are penetrating injuries in which the depth is greater in proportion to the length of the entry wound. These penetrating wounds often bleed freely internally. Such wounds are caused by stabbing or piercing instrument such as a knife or a bayonet. There is evidence that in the earlier incident at the market, the second Accused used a knife to stab Bill Kwalasi's left hand on the left palm.

18. There is evidence against the First and Second Accused for kicking and thumping the Deceased from the Naha Kola Bus Stop until he fell down close to the electric post as described by Hilda Mae. There were blood stains on tar-mark on the road towards the electric post where the Deceased finally fell on curb of the exit road. This is the sport cover by the evidence of Hilda Mae who was watching the First and the Second Accused assaulting and thumping the Deceased. The consequences of that attack were evident from the Doctor's Report (Exhibit p3). The injuries suffered by the Victim were vividly shown in photographs marked p-1 and the evidence of William.
    
19. In the earlier fight in the Market during which occasion Billy Kwailas was seriously wounded. The victim told this court that the First and the Second Accuseds were demanding money for compensation for swearing at them. The evidence of Richard Tiana who was with the Deceased on the road said the people who assaulted the Deceased came from the market and demanded money. He also saw a person throwing a hook at the head of the Deceased. William Salole who was with the Deceased described the person who stabbed the Deceased on the road, as thin, tall, slim with having light skin.
    
20. The Court has considered the oral and the circumstantial evidence against the First and Second Accuseds. There is evidence against them for the offence of murder. They are each convicted of the offence of murder.
    
21. First Accused Cecil Manu is sentenced to life Imprisonment for the offence of murder.
    
22. The Second Accused Simon Peter Delemani is sentenced to life imprisonment for the offence of murder and five years imprisonment for the offence of unlawful wounding. The five years sentence for unlawful wounding is to be served concurrently with the murder sentence.
    
23. There is virtually no evidence against Peter Diau on the murder charge. He is according acquitted of that charge.
    

THE COURT

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^[1] Homocide Nash. Jaisimaha Rao p.115, 113-114, 117-118
^[2] “ “ “ “
^[3] Homocide Nash, Jaisimaha Rao p.115, 113-114, 117-118
^[4] Homocide Nash, Jaisimaha. Rao p.115, 113-114, 117-118
^[5] Homocide Nash. Jaisimaha Rao p.115, 113-114, 117-118