Kaiwi claims breach in committal process

News that matter in Papua New Guinea

Kaiwi claims breach in committal process

PORT MORESBY: Bhosip Kaiwi, who allegedly tortured his wife Jenelyn Kennedy to death in June 2020, says there was a breach in committal process and has asked the court to set aside information on the charge of murder against him.

Lawyer Emmanuel Ellison told Acting Judge Laura Wawun-Kuvi in the National Court in Waigani yesterday that his client was not properly charged with murder in a district court.

Ellison said when the police prosecution had withdrawn the charge of willful murder against Kaiwi on Dec 1, 2020, he was not discharged from custody.

He said this was an abuse of process.

He added that because of this, the committal of Kaiwi to the National Court had no legal effect.

Details of the court proceedings were reported by The National:

Kaiwi claims breach

June 16, 2022The NationalMain Stories

Bhosip Kaiwi

BHOSIP Kaiwi, who allegedly tortured his wife Jenelyn Kennedy to death in June 2020, says there was a breach in committal process and has asked the court to set aside information on the charge of murder against him.
Lawyer Emmanuel Ellison told acting Judge Laura Wawun-Kuvi in the National Court in Waigani yesterday, his client was not properly charged with murder in the District Court.
Ellison said when the police prosecution had withdrawn the charge of wilful murder against Kaiwi on Dec 1, 2020, he was not discharged from custody.
He said this was an abuse of process.
He added that because of this, the committal of Kaiwi to the National Court had no legal effect.
Ellison also noted that the issue had been raised since the committal proceeding and had been heard by different judges.
It had also been appealed in the Supreme Court wherein Justice David Cannings had said that Kaiwi had arguable grounds but it was appropriate for a trial court to address.
State lawyer Elizabeth Kave said the State would need time to go through Kaiwi’s application because the documents were only served on the State yesterday.
Wawun-Kuvi then adjourned the matter to today for the State’s response.
Kaiwi was then remanded at the Bomana prison.
He is alleged to have assaulted his wife Kennedy, for five days, from June 18-22, 2020 at their home in Korobosea, Port Moresby.
A nurse was brought to the home on June 22 to treat Kennedy however, her injuries were severe.
She was rushed to the Port Moresby General Hospital the next day but died.
Kaiwi, from Minj, South Waghi, Jiwaka, was initially charged with wilful murder.
However, during the committal process, that charge was withdrawn on Dec 1, 2020.
It was determined that there had been no intention to kill and a murder charge was filed.
Kaiwi, however, was not discharged from custody.
Last March, the District Court found enough evidence against Kaiwi on the murder charge and committed him to trial in the National Court.
The matter was then listed for trial.
Kaiwi however, filed a notice of motion to set aside information on the charge of murder against him.

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