Regina v Saru [2017] SBHC 113; HCSI-CRC 77 of 2015 (3 March 2017)

REGINA

V

SILAS SARU

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DCJ)

Criminal Case No. 77 of 2015

Date of Hearing: 28^th November to 2 December 2016
Date of Judgment: 3^rd March 2017

Messrs, A.Kelesi and W.Vaigu for the Crown
Mr. H. Kausimae for Accused

JUDGMENT

Mwanesalua, DCJ:
The accused Silas Saru was charged with the murder of Late William Tayla “the deceased” on the night of 1^st March 2014 at New China Town in Honiara, contrary to Section 200 of the Penal Code.

That section states “Any person who of Malice afore thought causes the death of another person by an unlawful act is guilty of murder and shall be sentenced to imprisonment for life”.

The accused pleaded not guilty to the charge. The crown opened the case and called witnesses. After the witnesses gave their evidence, a no case to answer submission was made by the defence on behalf of the accused. Crown counsels made their response, arguing that the accused has a case to answer.

The accused elected to remain silent and called no witnesses. He does not have to call witnesses in his defence. The burden of proving his guilt is on the crown. The crown must prove his guilt beyond reasonable doubt before he can be found guilty of the murder charge laid against him.

Prior to 1^st March 2014, George Wu Company “the company” has been conducting its business from its property at New China Town in Honiara. The company has residential houses on that property for its employees. The electric lights from the residential houses illuminate the area outside the gate into the property at night and the area along the fence facing the road.

On the night of 1^st March 2014 two 40 footer containers used for carrying goods were placed near the gate. The sides of the containers facing the company houses were illuminated by the lights from the houses. There were tables for selling betel nuts and other market produce placed near the fence facing the road that night.

At about 10’clock on the night of 1^st March 2014, Mr. Charles Isaac Tagana an employee of the company left his house and went to the market outside fence to buy and chew betelnut. When he was at the market he saw a flight between the accused and deceased. The fight occurred near a 40 footer container. The accused held deceased’s neck and pinned him to a 40 footer container placed in-front of the gate. Jeremiah Tovongo came and pulled the accused away from the deceased and led him towards the Solomon Star Office.

Dickson Pana worked for Development Services Exchange at China town on the night of 1^st March 2014 as a Security Officer that night. He stood in front of his employers’ office that night when he saw people in-front George Wu Company premises. He saw two people struggling and rolling on the road. There is no dispute that the persons he saw were the accused and the deceased.

Jeremiah Tovongo confirmed in his evidence that on Saturday night 1^st of March 2014 he worked for George Wu Company. He saw the fight between the deceased and the accused at the containers outside the company premises about 11.00pm.

Joshua Ulasi’s evidence confirmed that the accused fought the deceased. The accused twisted the deceased’s arm and assaulted him with his knee.

The Autopsy Report on the deceased revealed that he died at the National Referral Hospital in Honiara at 9:15am, 5^th March 2014 of cerebral oedema.

The deceased died from cerebral oedema as a consequence of intra cranial Haemorrhage due to Blunt Trauma to the head.

The verdict of the court is that Silas Sara is acquitted of murder but convicted of Manslaughter. Order accordingly.

THE COURT