Court to decide whether to allow witnesses in Kaiwi’s murder case
News that matter in Papua New Guinea
File pic: Bhosip Kaiwi
and wife Jenelyn Kennedy in happier times.
Court to decide whether
to allow witnesses in Kaiwi’s murder case
PORT MORESBY: The
National Court has reserved ruling on whether to let the State call eight
witnesses to testify in the case of Bhosip Kaiwi, charged with torturing his
wife Jenelyn Kennedy for five days until she died.
The State, through lawyer Elizabeth Kave, appeared before Acting Judge Laura
Wawun-Kuvi in Waigani yesterday (July 25, 2022), said the evidence of those
witnesses were very relevant and would go to the issue of causation: who and
what caused Kennedy’s death.
The court proceedings were reported by The National:
Ruling on evidence in
Kaiwi case
July 26, 2022The
NationalMain Stories
THE National Court has reserved a ruling on
whether to let the State call eight witnesses whose evidence were months prior
to the death of Bhosip Kaiwi’s wife Jenelyn Kennedy.
Kaiwi, from Kuraip village in South Waghi, Jiwaka, is alleged to have tortured
Kennedy for five days (June 18, 2020-June 23, 2020) in their home at Korobosea,
Port Moresby, leading to her death.
The State, through lawyer Elizabeth Kave, appeared before acting Judge Laura
Wawun-Kuvi at Waigani yesterday, said the evidence of those witnesses were very
relevant and would go to the issue of causation: who and what caused Kennedy’s
death.
Another issue was whether a medical evidence which was not part of the
committal proceeding, could be admitted into evidence in this murder case.
The witnesses were Grace Ipang, Dickson Karava, Louisa Johns, Josie Kikoli,
Olivia Darina, Marylyn Espolong and Christine Waure.
Kave said Kaiwi allegedly assaulted Kennedy on previous occasions causing
serious injuries, especially in the three months prior to her death.
She added that the witnesses knew Kennedy.
“For Ipang, Karava and Johns, they had lived with her and had seen instances of
abuse perpetrated on her by Kaiwi,” she said.
“For Johns, she was subjected to the alleged beatings from Kaiwi as well.” The State
submitted that the evidences were relevant and admissible because the instances
of assault talked about evidence of those witnesses occurring in the months
immediately prior to the June 18-June 23, 2020, incident.
“They show a pattern of behaviour perpetrated by Kaiwi on Kennedy where she had
sought help from the police,” Kave said.
“The State further submits that the propensity evidence sought to be presented
is relevant and therefore admissible.
“It’s probative value far outweighs its prejudicial effect on Kaiwi; prejudice
in that it must not mean it looks bad for Kaiwi but that the evidence, if
included, would be unfair to Kaiwi.
“We say there is no unfairness and so the court can and should in the interest
of justice, allow the evidence to be led by the State.”
Kaiwi’s lawyer Emmanuel Ellison submitted that, “evidence is not admissible
unless it is relevant”.
“It is relevant if, but only if, it contributes something to the resolution of
one or more of the issues in the case,” Ellison said.
“It may do so directly or indirectly.”
He added that not all relevant evidence was admissible.
“Relevant prosecution falls excluded if, in the judgment of the trial judge,
its admission will be unfair to the accused in the sense that its prejudicial
value outweighs its probative value.”
Ellison stated that Kikoli’s evidence was in regards to past events that had no
bearing on causation.
Karava’s evidence was what happened between 2016 and 2019.
He said Karava gave evidence regarding abduction and child abuse which Kaiwi
was not tried for and was irrelevant to the issue of causation.
Ipang’s statement regarding sexual harassment was not corroborated by other
State witnesses.
Ellison further stated that the evidence being proposed to be led by the State
of propensity of evidence or similar fact evidence was irrelevant to the
question which the court was being asked to decide.
“Hence, any evidence that does not relate to events within five-day period
leading to the death of Kennedy is irrelevant and therefore inadmissible.”
Acting judge Wawun-Kuvi reserved her ruling for Thursday.
Kaiwi was remanded in Bomana prison.
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