Bhosip Kaiwi fails to quash his murder indictment

News that matter in Papua New Guinea

A file pic of Bhosip Kaiw and wife Jenelyn Kennedy during happier times.

Bhosip Kaiwi fails to quash his murder indictment

PORT MORESBY: The National Court has refused Bhosip Kaiwi’s application to quash his murder indictment on his claims that there was a breach in the committal process.

Acting Judge Laura Wawun-Kuvi on Friday (June 24, 2022) also set today (June 27, 2022) for Kaiwi to stand trial.

  Bhosip Kaiwi 

Kaiwi is alleged to have tortured his wife, Jenelyn Kennedy, to death in June 2020.

The court proceedings were reported by The National:

Court refuses Kaiwi’s application

June 27, 2022The NationalMain Stories

By VANESSA NIKEN
THE National Court has refused an application by Bhosip Kaiwi, who allegedly tortured his wife Jenelyn Kennedy to death in June 2020, to quash the indictment because there was a breach in the committal process.
The ruling was made on Friday in Waigani before acting Judge Laura Wawun Kuvi, who also set today for Kaiwi to stand trial.
Justice Kuvi said the motion was supported by an affidavit and the State had been also given an opportunity to prepare and respond to the application.
“It is noted from the record that the annexes were not numbered and not physically annexed to the affidavit,”she said.
Justice Kuvi said Kaiwi’s application was opposed by the State because he did not provide any of the written notes to the magistrate or affidavit from his lawyer as a committal outline as the event to justify his arguments.
“I will deal with the individual grounds raised in the notice of this motion,” she said.
“The accused was initially charged with wilful murder.
“Following another statement from the police prosecutor, the charge was substituted to murder under Section 3001 A of the Criminal Code.”
Justice Kuvi made the ruling to refuse the application based on the grounds that an ex-official indictment should not be presented; the indictment was not presented by a State prosecutor or public prosecutor and, Kaiwi argued that the indictment was formally defective because it was presented 14 months and 22 days after the committal.
The State submitted that the delay did not fall within the requirements of Section 558 (1) of the Criminal Code.

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