Waigani National Court

The three and their lawyers returned to the Waigani National Court today for submissions on their sentencing to be done however, that was further adjourned to next Monday, Sept 26.

It was further adjourned to give time to their lawyers to make submissions on the appropriate sentence based on the probation office’s pre-sentence reports.

They remain on an extended bail of K10,000 till Monday when they return before Justice Martin Ipang.

The amended notice of motion filed on Sept 19 in the Election Petition Originating Summons No.8/2016 seeks, amongst other things, an order restraining Potape from performing the functions and duties as Governor for Hela Province.

That motion briefly went before the National Court this morning but could not be heard as the defendants’ lawyers, including Potape’s lawyer, were not served the motion.

Undialu’s lawyer Justin Wohuinangu said they could not effect service of the motion on Potape’s lawyer Philip Ame.

Timothy Cooper, 41, of Yanga village in the Ahi sub-district of Morobe Province appeared at the Waigani District Court.

Magistrate John Kaumi read the charges to him in court and adjourned the matter to Sept 22. His bail is extended however he is required to provide two affidavits of two guarantors who will ensure he attends his court hearing as well as an affidavit stating his place of residence.

The State has to show evidence establishing the elements of the offense of killing an unborn child under section 312 of the Criminal Code of PNG.

The State alleged that Hadasha N’dranoh was about to deliver a child but there was no safe and reliable evidence before the court that the actions of the accused prevented the foetus or child from being born alive

The victim, Hadasha N’dranoh in giving evidence asserts she was pregnant, however the court found no substantial evidence to support the assertion.

The Waigani National Court convicted Lucy Jacob after it found sufficient evidence she stabbed her husband on his chest with a knife, which led to his death.

All witnesses who gave evidence in court said the couple had been arguing that afternoon while traveling in a PMV.

It was also put before the court that the couple had been consuming hard stuff and coffee punch on that PMV since they left the Erima Service Station.

The court however, accepted that she stabbed her late husband with the knife with intent to cause bodily harm to him after he tried to beat her up.

Paul Wailapu of the Wosera-Gawi District in East Sepik Province was sentenced to 20 years in jail by the court today.

Justice Panuel Mogish, in sentencing Wailapu, told him in court that his actions have brought a lifetime of grief to his own children by killing their mother.

He said it is a pity that his family will suffer, especially when they had nothing to do with the offense he committed.

The five men, from Wapenamanda District in Enga, were arrested and charged with the wilful murder of a man, known to the court as Mathew Masket, at Sabama on Feb 22, 2015.

Newman Upas, Kaitas Michael, Jeffrey Pitu, Jacob Laias and Steven Sikin appeared in court on Tuesday before Justice Justice Panuel Mogish. They pleaded not guilty to the charge of wilful murder when the charge was read to them.

The Waigani National Court today sentenced Sandra Sikari to jail. She pleaded guilty to stealing K23,000 from Post PNG when she planned a robbery with a man on January 31, 2015.

The man, who was involved in the robbery with Sikari, is yet to be arrested and charged.

She was sentenced to two years in jail on Nov 11 last year; however, she asked the court to give her six months to repay the monies.

That six-month period lapsed on May 11 without repayment.

She took to the witness stand today (Tuesday afternoon) and told the court that the woman who alleged she was raped by her brother, Nigel Kipma, of Wosea, East Sepik Province was not true and she wanted to tell the court her brother’s side of the story.

She said her brother; (Nigel) was in a relationship with the complainant when the alleged offense took place between Dec 10 and Dec 15, 2010 at the Institute of Public Administration residential area. 

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.