The National Court has allowed bail for six soldiers charged for the willful murder of Port Moresby student, Jeremiah Yinu last month.
It allowed K5, 000 cash bail for the six accused Jude Nidung, David Travolta, Gregory Tuaki, Alwin Matiabe, Tobias Samson, Kenneth Yangun.
Justice Panuel issued strict bail conditions for the six accused.
They are not to leave the barracks of residence between 6pm and 6am, they are not allowed to carry firearms and are also not allowed to travel out of Port Moresby (even for training purposes, they are to seek approval from the Court).
They are to report to the registry every Monday and are not allowed to consume alcohol and stay away from the premises of the Kilakila Secondary, the Salvation Army and the Coronation Primary schools.
They are also not allowed to be seen in the company of each other, should not interfere with any state witness and must cooperate with police in their ongoing investigations.
Justice Mogish allowed bail on the soldiers as they had exceptional circumstance.
And that is police statements of facts do not contain specific information relating to the accused.
Justice Mogish said in criminal law, the three elements of the accused’s identity, and their presence at the alleged place where the fight took place and their participation in the fight must be shown.
These elements were not contained in the Police statement of facts.
In this case, only the identity of Jude Nidung was mentioned in the police statement of facts.
He said there is also no evidence of what Nidung did on that day.
Based on those circumstances, Justice Mogish said there was no legal basis of their continued detainment and that it was unfair for them to be kept at Bomana.
He said police must have all evidence of an offense in place before one is arrested and charged.
Justice Mogish said although evidence does not state their identity, there is no such thing as group responsibility in criminal law.
Everyone will be tried as individuals.
He warned the soldiers to comply with all bail conditions or have their bail of K5,000 forfeited and have their two guarantors pay K5,000 each for all six of them.