Regina v Fiuburua [2016] SBHC 127; HCSI-CRC 78 of 2015 (29 July 2016)

REGINA – V- ROY FIUBURUA AND SILAS SARU

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J)

Criminal Jurisdiction

Criminal Case No: 78 of 2015

Date of Judgment: 29July 2016

Messrs A. E. Kelesi and W. Vaiyu for the Crown
Mr. H. Lawry for Roy Fiuburua
Mr. H. Kausimae for Silas Saru

RULING

Mwanesalua DCJ:

Roy Fiuburua (Roy) and Silas Saru (Silas) were each charged with the murder of William Tela (the deceased) on 1^st March 2014 in Honiara. They each pleaded not guilty to the charge in court on 4 September 2015.

Agreed facts were signed by counsels for the crown and the accused’s on 18^th February 2016 and were filed in court. The facts are that the deceased, Roy and Silas were working for George Wu Company store at New China Town in Honiara on 1^st March 2014. On the night of that day, Roy and the deceased drank beer at George Wu Company residence area at New China Town.

The crown called seven witnesses to testify in court. After the close of the case for the crown, the defence made a no case to answer submission pursuant to section 269(1) of the Criminal Procedure Code. This submission was made on behalf of each Accused by their respective counsels.

Counsels for the accuseds made applications for orders that there is no case to answer pursuant to section 269 (1) of the Criminal Procedure Code.

The evidence adduced by PW1 was that he saw the second accused pressing the deceased’s neck. This is confirmed by PW2 and PW4. PW1 saw the second accused grabbed the deceased’s neck near the container.

PW2 saw the accused fought the deceased on the road. There was struggling and rolling by deceased and the accused on the road.

Jeremiah described the attack by accused on the road as consisting of struggling and rolling by the deceased and accused. The portion of the road which this attack occurred had gravel scattered on the surface of the road used by vehicles.

PW4 was at her market on the night of this incident. She saw the second accused near one of the gates to the housing area of George Wu Company labour line. There was fighting and struggling by accused and the deceased.

The post mortem autopsy report on the deceased revealed injuries sustained by the deceased. There were twenty nine abrasions and two lacerations in all. But the most serious wound of all, which caused the dead of the deceased was cerebral oedema (accumulation of fluid in the brain).

The court has considered the evidence adduced in court for this ruling. I find no evidence against the 1^st accused. He is acquitted of the murder charge laid against him.

There is evidence against the second accused. His trial will continue on a date to be set down.

Order Accordingly.

THE COURT

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Hon. Justice Francis Mwanesalua
Deputy Chief Justice