Brothers convicted for murder

Two brothers from the Eastern Highlands Province have been convicted by the Waigani National Court for murdering a man who was having an affair with their sister-in-law.

Michael Huratove and Kikira Huratove were found guilty for murdering Tony Barry on  January 5 2013 at China town, East Boroko.

Barry was having an affair with Cindy, the wife of their younger brother, Akus Huratove at the time he was murdered.

 A trial was conducted and the court found that Michael acted out of defense and provocation when he stabbed Barry around 3pm that day.

On the day the offense was committed, a negotiation was to take place between Akus' family, Barry and Cindy behind the Boroko police station.

The couple who were involved in the adulterous relationship did not turn up that morning.

Michael who is a community leader and village court magistrate took a leading role in the process of negotiation. The brothers and other relatives were later told to go to East Boroko.

Barry was not there. They proceeded to Vadavada settlement where Barry lived. He was also not there. Furious and angry from being lied to by Barry twice that day, they found him casually walking around the shops at China town with Cindy around 3pm.Michael out of frustration attacked him and stabbed him.

The court found he did so out of provocation before Barry could use the knife he held in his hand on Michael. It was the court's opinion that seeing the two together ignited the situation for the brothers, seeing the element of provocation to an extent of the two being seen together as if they were together as a couple.

Deputy Chief Justice Sir Gibbs Salika in his decision today said in PNG, there are two things that matter to man; his land and wife and in this case, seeing one's wife with someone else, in his view provoked the situation.

He said there was also a previous incident when Barry attacked Akus and stabbed him with a knife. Akus had to be hospitalised for his injuries for some time. Despite attempts by Akus and his family to bring his wife back, she remained with Barry.

The court found them guilty of murder and not wilful murder as charged, due to the element of provocation.

Michael and Kikira Huratove will return to court on May 1, where submissions will be made on what their appropriate penalty sentence should be.

They remain in custody at Bomana till then.

 

 

Author: 
Sally Pokiton