The Waigani National Court will make a ruling this morning on whether it should continue to hear the trial of a man accused for murdering another man in Port Moresby.
Appearing from the CS custody in Bomana, Russell Simoi Yahena, through his lawyer from the Public Solicitors office, made a submission in court that he has no case to answer to.
The no-case submission comes after the state closed its case of witnesses. It is now Yahena’s turn to present his case before the court however, he submitted through his lawyer that he has no case to answer to.
Justice Panuel Mogish will give his ruling on that submission today.
Yahena is standing trial at the National Court for allegedly killing a man who got in the way of an argument between him and his wife at their family home.
His lawyer told the court that the element of intent to kill was not there and what happened was a mere accident.
Yahena’s lawyer also said the element of identification is not present in this case as there is no evidence before the court on who actually hit the deceased before they saw him lie on the ground.
State, on the other hand, submitted that there is indirect evidence of him swinging a table at the deceased and that he has a case to answer to.
State also relied on the medical report of a fractured skull on the deceased.