MP freed on bail after protocol officer admits gun was in his possession when fired

News that matter in Papua New Guinea

(Left) MP Lohia Boe Samuel; (Right) Robert Jerry

MP freed on bail after protocol officer admits gun was in his possession when fired

PORT MORESBY: Moresby North-West MP Lohia Boe Samuel’s protocol officer Fabian Hera has admitted that the MP’s pistol was in his possession when the shot was fired.

On the twist of circumstances, Judge Theresa Berrigan on Friday (March 25, 2022) released Samuel from the Boroko police station lockup on K10,000 bail.

On Monday (March 14, 2022), Samuel, 52, and Hera, 26, were charged in a committal court iun Waigani with the murder of Robert Jerry, 38, in a restaurant at 8pm on March 11, 2022.

Jerry, who was the MP’s campaign coordinator, was having a dinner discussion with Samuel and Hera when the shot was fired from a pistol licensed to Samuel.

The court proceedings were reported by The National:

MP out on K10,000 bail

March 28, 2022The NationalMain Stories

By CLARISSA MOI
MORESBY North-West MP Lohia Boe Samuel’s protocol officer Fabian Hera has admitted that the MP’s pistol was in his possession when the shot was fired.
On that twist of circumstances, Judge Theresa Berrigan on Friday released Samuel from the Boroko Police Station lock-up on K10,000 bail.
On Monday, Samuel, 52, and Hera, 26, were charged in a committal in Waigani with the murder of Robert Jerry, 38, in a restaurant at 8pm on March 11.
Jerry, who is the MP’s campaign coordinator, was having a dinner discussion with Samuel and Hera when a shot was fired from a pistol licensed to Samuel.
Judge Theresa Berrigan ruled that there was a change in circumstances after his first bail application was refused two weeks ago.
She noted that the court had seriously considered whether Samuel had established a material change in circumstances warranting reconsideration.
“In my view, he has,” she said.
“On the last occasion, the question of whether someone other than Samuel shot the deceased was properly a matter for trial. It remains such a matter.
“The veracity of Hera’s statement may be well disputed by police, now and in the event of any trial.
“But the strength of the case against Samuel, as contained in the alleged facts, as they currently stand, has been significantly weakened by the statement of Hera, given voluntarily, and on advice from his lawyer.
“That is particularly so, given that the case on the alleged facts against Samuel was circumstantial.
“Accordingly, I am persuaded that Samuel has demonstrated that in all the circumstances, his continued detention is not justified.
“Particularly when the matters raised in his favour of bail on the last occasion are also taken into account.”
Samuel’s first bail application filed on March 18 was refused on the grounds that the alleged offence involved a serious assault and the use of an offensive weapon.
The only material before the court on the last occasion was the statement of alleged facts.
The court had found that the alleged facts pointed to a deliberate, if unplanned, shooting by Samuel using his weapon.
At that time of the alleged offence, Samuel was in the company of his protocol officer and co-accused Hera. Hera was released on K5,000 bail on March 18.
Samuel’s lawyer Edward Sasingian moved the application on Friday afternoon on the grounds that there was an essential change in circumstances.
Hera said in a sworn affidavit that he gave a statement to police stating that it was he (Hera) who unintentionally shot Jerry.
Sasingian further submitted that the effect of those statements was to remove the weapon and assault from Samuel’s hands.
“It is not necessary for the purpose of this application to go into further details about the contents of the statements. It significantly reduces the strength of the State’s case (against Samuel),” Judge Berrigan noted.
The state in opposing bail submitted that the statement was not a confessional statement but a statement in defence by Hera.
The state argued that the statement did not say that Hera shot the deceased or Samuel shot the deceased, but that it was an accident.
“The brief of evidence is yet to be completed but the evidence in the possession of police implicates Samuel,” the state argued.
“Accordingly, there is no change of circumstances.”
Samuel and Hera’s committal proceedings are fixed for hearing on May 10.

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