Regina v Arodo [2018] SBHC 71; HCSI-CRC 453 of 2016 (4 June 2018)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Arodo
Citation:
Date of decision:	4 June 2018
Parties:	Regina v Eddie Arodo
Date of hearing:	9 May 2018
Court file number(s):	453 of 2016
Jurisdiction:	Criminal
Place of delivery:	High Court of Solomon Islands, Court Room 4.
Judge(s):	Deputy Chief Justice Mwanesalua
On appeal from:
Order:	Eddie Arodo sentenced to Life imprisonment as from today the 4th June 2018. Order accordingly
Representation:	Ronald Bei Talasasa Director Public Prosecution, Margaret Suifa’asi for the Crown. Nigel Galo for the Defendant
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IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 453 of 2016

REGINA

v

EDDIE ARODO

Date of Judgment; 4 June 2018

Ronald Bei Talasasa Director Public Prosecution and Margaret Suifa’asi for the Crown
Nigel Galo for the defendant

JUDGMENT

Mwanesalua, DCJ: The Defendant in this case is Eddie Arodo. He has been charged with the murder of the Christina Kokoto, the deceased, on the 9th November 2015 at Basakana, Malaita Province. The Defendant pleaded not guilty to the charge when he was arraigned in court.

On 9th November 2015 at about 12.30 in the afternoon, the deceased left home and went to her family garden to dig potatoes. In the evening of that day she did not return home. Her husband Shaniel Tuita accompanied by Ben Tabusu went to the garden to look for her.

When they arrived at the garden her husband Shaniel Tuita saw the body of the deceased lying in the garden. She was dead with wounds on her body and was covered with blood. The body was carried back to the village.

Dr. Augustine Fona’ota examined the body of the deceased on 10th November 2015. He saw wounds on her body and noted them in his medical report as follows: a wound on the scalp measuring 10x6x8cm; a wound on the left eye brow measuring 4x4x12cm; there was a cut on the right of scalp; there was a deep wound on the left eye brow measuring 4x4x12cm; blood was oozing from her left ear a sign of basal skull fracture; there were fractures to the radius and ulnar bones; there was swelling and bruising on the front chest; there were bubbles under the skin, there was no breathing; there a scratch on her upper abdominal region; there was no vaginal examination done and there were bruising on the left shoulder and left arm. The causes of death were due to: (1) Traumatic Brain injury with possibility of Basal Skull Fracture; (2) multiple long bone fractures with possibility of Hypovolemic shock; (3) subcutaneous emphysema resulting from blunt chest wall trauma with possible rib fractures which may have punched her lungs.

The defendant relies on the defence of provocation. He said he first saw the deceased in her family garden. He went and asked her for matches but instead the deceased swore at him saying “you fuck your mother”. He held a stick and struck her head once. The deceased then fell to the ground; the defendant said he later threw the stick into the sea. The assault in this case was intended to cause grievous bodily harm to the deceased. This can seen from the wounds inflicted on the body of the deceased.

The clinical assessment of the deceased revealed that her death might have due to been one of these three reasons:

1. Traumatic brain injury with possible basal skull fracture.
2. Multiple long born fractures with possibility of hypovolemic shock.
3. Subcutaneous emphysema resulting from blunt chest wall trauma with possible rib fractures and punctured lungs.

In his caution statement the Defendant relies on the defence of provocation. He said that he struck the deceased two times. But the medical report on the deceased showed that he inflicted six very serious wounds on the body of the deceased: There were wounds on the scalp 10x6x8cm, on the right left eye brow 4x4x1cm, fracture of radius and ulnar bones on the left arm and fracture of the radius and ulnar bones of the right forearm of the deceased.

In His record of interview with the police the defendant said only whipped the deceased two times which he threw it into the sea. He relied on the defence of provocation. The prosecution defence did not disprove provocation.

The accused caused grievous bodily harm to the deceased. He is therefore acquitted of murder but convicted of manslaughter. This is a serious case of manslaughter. Eddie Arodo is therefore sentenced to life imprisonment as from today the 4th June 2018. Order accordingly.

THE COURT
................................................
Justice Francis Mwanesalua
Deputy Chief Justice