R v Obea [2019] SBHC 83; HCSI-CRC 443 of 2016 (18 October 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Obea
Citation:
Date of decision:	18 October 2019
Parties:	Regina v Michael Obea
Date of hearing:
Court file number(s):	443 of 2016
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua DCJ
On appeal from:
Order:	The Defendant Michael Obea is guilty of murder. He accordingly sentenced to Life Imprisonment from the date of this Judgment Order accordingly
Representation:	Mr. B Dalipanda for the Crown Mr. H Kausimae for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, s200
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 443 of 2016

REGINA

V

MICHAEL OBEA
Accused

Date of Judgment: 18 October 2019

Mr. B Dalipanda for the Crown
Mr. H Kausimae for the Accused

JUDGMENT

The Defendant in this case is Michael Obea. He has been indicted for the murder of Seralyn Suiomea, under section 200 of the Penal Code. The case for the prosecution is that he committed the crime on 10^th October 2015, near Okoai village in Malaita Province.
The Defendant pleaded not guilty to the indictment when he was arraigned in court. Counsels for the Crown and the Defendant, relied on the statements recorded form Prosecution witnesses; the medical report and photographs of the deceased during the trial. The Defendant has exercised his right to remain silent during the trial at the close of the prosecution case.
Esther Takaruru and her husband Silas Suiomea live at Okoai Village in Malaita Province. On 10^th October 2015 they were at home on that day. Esther heard the deceased crying at the beach some distance away from the village.
Esther went to the scene and saw the deceased lying on the beach. She asked her daughter what happened to her. She mentioned that Michael Obea asked for sexual intercourse with her but she refused. He then threw her down to the beach where she was lying.
On Saturday 10^th October 2015, Saravani Waeli went to pick coconut in a coconut plantation owned by her family. After filling her bag with coconuts to return home, she heard noise heading towards her. The noise was coming from the sea side. It was the accused in this case who came towards her. He wore no shirt; he only wore a white cut trousers. He held a small axe in his right hand.
The deceased was carried back to the house of her family in the village. Later she was taken to Kilu’ufi Hospital where she passed away at 7.30am on 11^th October 2015.

CAUSE OF DEATH

Part 1

Direct leading to death: (a) Right Intracranial haemorrhages.
Cause of death: Blunt trauma to the head

THE AUTOPSY FINDINGS

Evidence of Injuries

(a) Abrasion, 25 x 10mm, under chin
(b) Abrasion 3 x 1mm, on the right knee
(c) Horizontal abrasions on the lower back and left buttock: 30 x 10mm, 50 x 10mm, 50 x 10mm, 50 x10mm.
(d) Oblique abrasion on lower right back: 90 x 3
(e) 14 small horizontal abrasions on the right back, the largest was 8 x 3mm.
(f) Oblique abrasion, 40 x 3mm, 0n the left thigh, posteriorly.
(g) C-Shaped Laceration at the back of the head (right side): the width was 22mm and 35mm deep.
(h) Abrasion, 28mm x 1mm, on the right forearm, posteriorly.

INTERNAL EXAMINATION

Head and Neck

There was haemorrhage below the scalp at the site of the injury. The skull had a depressed fracture, 60 x 50mm, on the right occipital (back of head). The dura was torn and the right occipital lobe was macerated. There was a right extradural haematoma, right subarachnoid haemorrhage and right intracerebral haemorrhages. There was swelling of the brain. The neck and spine was normal.

RESPIRATORY SYSTEM

The chest wall and ribs were unremarkable. The airways contained brownish mucus. There were no debris or frothy secretions seen in the airways, the lungs were unremarkable.

Cardio-Vascular system

The pericardium and the heart were unremarkable.
Alimentary tract:
The stomach contains rice. There were no fluids in the stomach. The intestines were unremarkable.
Hepatic binary system:
Normal
The Spleen was normal
Genitourinary system:
The womb (uterus) and fallopian tube were normal.

REPORT SUMMARY

The deceased, a ten years female of Malaita, was allegedly hit with an axe on her head by an adult male on the 10^th October 2015, around 2.30pm, at Arau Village, West Baelelea. He then carried her and threw her into the sea. She was rescued by her uncles and she was still alive when she was recovered from the sea. She was transported to Kilu’ufi, at 6.40pm on the same date. While in the hospital she deteriorated and died on 11^th October 2015, at approximately 7.30pm.
“An autopsy was done at Kilu’ufi Hospital on 12^th October 2015. On external examination, there was one abrasion 25 x 10mm below the chin; one on the right knee 3 x 1mm another on the left thigh, posteriorly; and also on the right forearm, posteriorly; majority of the abrasions were present on the lower back and buttocks, and were horizontal and oblique. A laceration, 22cm wide and 35mm deep, was present on the occipital bone on the right side. There were no injuries seen on the face, upper back, chest wall, abdominal wall, and left upper limb.
There were small white stones seen in the vagina. There were no bruises, abrasions or lacerations seen around the vagina, inner thighs, and public region. The vagina opening was able to admit the index finger of an adult without resistance. The rim of the opening was smooth.
The abrasions on the body occurred around the time of the incident. They were caused by blunt object(s). It was possible that the abrasions on the buttocks lower back and under the chin were scratch marks that may have been caused by the suspect when he seized her. Although there were no injuries seen in and around the vaginal opening, it doesn’t exclude him attempting penile penetration or touching her in a sexual manner.
On internal examination of her body, there was a depressed fracture on the right occipital bone of the skull which extended to the base (back of the head) also on the right. The depressed fracture was measured 60 x 50mm. The dura was torn at the site of the injury with macerated right occipital lobe of the brain. There was right extradural haematoma, right subarachnoid haemorrhage, and untraceable haemorrhages of the right occipital lobe. The right extradural haematoma was present above the dura. (Covering of the brain) on the right side of the brain & posteriorly. Intracerebral haemorrhages were present in the brain matter (right occipital lobe), heart, liver, intestine; stomach, spleen and womb were unremarkable.
In the opinion of the doctor she died from right intracranial haemorrhages as a result of a blunt trauma to the back of the head.
On Saturday 10^th October 2015 Saravani Waeli left Okoai Village to collect coconut in their coconut plantation at about three o’clock in the afternoon. She was lifting a bag of coconut to her shoulder to carry it home, when she heard noise coming towards her. It was the Defendant who came to where she was standing.
The Defendant was sweating all over his body; his eyes were wide open, he was breathing very fast and carried an axe (Tomeo) in his right hand. She saw blood stains at the back of his left shoulder. She told the defendant that he was not acting in a normal way. The accused told her that he was looking for pawpaw for his child. He headed back to their village.
He wore a white shirt, cut trousers, he was breathing very fast, holding an axe called Tomeo and saw blood stains at the back of his left shoulder.
Silas Suiomea is the adopted father of the deceased. He went to see the deceased laying on the beach. He asked the deceased what happened to her. In response, she told him that the Defendant hit her head with an axe when she refused his request to sexual intercourse with her.
The Defendant Michael Obea is guilty of murder. He accordingly sentenced to Life Imprisonment from the date of this judgment. Order accordingly.

THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice