Pangu Pati's MP to stand trial for murder
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Pangu Pati's MP to stand trial for murder
PORT MORESBY: The ruling Pangu Pati's Moresby North-West MP Lohia Boe Samuel and
co-accused Fabian Hera will face trial on one count of murder over a shooting
incident in a restaurant in Port Moresby in March.
Committal court
magistrate Paul Puri Nii said sufficient evidence was provided by police to
commit both to stand trial in the National Court for murder.
The court proceedings
were published by The National:
Murder trial set for
MP
October 26, 2022The
NationalMain Stories
By GEORGINA KOREI
MORESBY North-West MP
Lohia Boe Samuel and co-accused Fabian Hera will face trial on one count each
of murder over a shooting incident in a Port Moresby restaurant in March.
Committal Court Magistrate Paul Puri Nii said there was sufficient evidence
provided by police to commit both to a trial in the National Court.
“In my calculation of evidence, I have distinguished that the primary allegation
in the police information and the summary of fact is about Lohia Boe Samuel,
but Hera was arrested under section 7 of the criminal code for not revealing
materials about Samuel,” he said.
“The prosecution and the defence submitted that only Hera will be committed to
trial based on his confessional statement. But I have assessed and found
indirect evidence for Samuel. So both are committed to stand trial.
On March 11, between 7.15pm and 8pm, Samuel, 52, from Motu-Koitabu’s Elevala
village in the National Capital District, and Hera, 26, from Koukou village in
Motu-Koitabu, were having dinner in a restaurant in Waigani with Robert Jerry,
38, from Bulolo’s Lagi’s village, Morobe.
A disagreement must have arisen before Samuel allegedly drew his licensed gun
and shot Jerry on the right side of his neck.
It was further alleged that after the shooting, Samuel put the pistol on the
seat, stood up, banged the dining table and screamed out: “Fabian, why did you
do that?” He then walked out of the restaurant leaving Hera standing there
looking lost.
Police said Daniel Oaisa who was in the restaurant rushed over and grabbed the
pistol.
An ambulance took Jerry to the mortuary.
Nii said there were two dissimilar submissions for both accused through their
lawyers.
“Samuel’s submission was filed on Aug 22, 2022 by Sasingian Lawyers, and Hera’s
submission was filed on Aug 15, 2022 by the Office of the Public Solicitor
lawyer Fredrick Kirriwom.
Samuel submitted through lawyer Sasingian that there was no eye witness or undeviating
evidence of the alleged killing and the identification of who shot the
deceased.
It was also submitted by Samuel’s lawyer that Hera made a confessional
statement, admitting that he committed the shooting.
However, Hera through his lawyer Kirriwom submitted that the evidence against
him was exclusively circumstantial.
Magistrate Nii said: “With reliable evidence, I have cautiously dignified and
noted there is no uncertainty that on March 11, 2022 between 7pm and 8pm, there
was a shooting involving the defendants and the victim.
“I have read each and every statement and observed no uninterrupted evidence
joining neither defendant, Samuel nor Hera, to the allegation.
“All witnesses said they heard the gunshot and saw the defendants and the
victims at the scene.”
“Moreover, when events leading to and during the allegation were carefully
accessed and there is a strong case of circumstantial evidence connecting both
defendants to the allegation.”
The case is adjourned to Oct 31 for Section 96 declaration statement from the
defendants and their bail was extended.
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