The State v Arua Maraga Hariki (2002) N2331

• Jurisdiction: Papua New Guinea
• Judge: Salika J
• Judgment Date: 23 December 2002
• Citation: (2002) N2331
• Court: National Court
• Year: 2002
• Judgement Number: N2331

Full Title: The State v Arua Maraga Hariki (2002) N2331

National Court: Salika J

Judgment Delivered: 23 December 2002

1 Criminal law—charge of wilful murder—evidence—one eye witness—which witness to believe—circumstantial evidence—principles of—medical evidence—bodies of victims found in one location—second victim last seen alive in accused's vehicle—inferences drawn.

2 Paulus Pawa v The State [1981] PNGLR 498 referred to

___________________________

N2331

[In the National Court of Justice]

CR 151 OF 2002

THE STATE

-V-

ARUA MARAGA HARIKI

WAIGANI : SALIKA, J

23 December, 2002

Criminal law – charge of wilful murder – evidence – one eye witness – which witness to believe – circumstantial evidence – principles of – medical evidence – bodies of victims found in one location – second victim last seen alive in accused’s vehicle – inferences drawn.

Miss Boni for the State

Mr A Amet Jr for the Defendant

23 December, 2002

The accused is charged with two separate counts of wilful murder on two separate indictments. The trial was heard together because the alleged offences took place on the same night and that the killing followed from one to another. The State alleged the acts were committed in one chain that is a single chain of events.

The State alleged that on 31/3/01 a Saturday the accused, the two deceased and John Naime drank at the accused premises at about 12.00 midnight to about 2.00 am. During that drinking they were joined by Siaka Sava. After some time the accused and Siaka Sava were alleged to have said something in the Koitabu language which John Naime said he could not understand. Then the accused is alleged to have said to Siaka Sava “These are the people” in motu. The accused is alleged to have attacked Heni Veidiho. Heni was pushed to the ground and the Accused is alleged to have sat on him and held him around his neck to block Heni’s breathing. Heni after a while then laid lifeless. The accused is then alleged to have told Siaka Sava to get a rope. While Siaka Sava had gone to get the rope, John Naime is alleged to have fled believing that he would be the next one to be attacked.

The State alleged that all this time Mathew Togiri after drinking some alcohol had gone to sleep in the motor vehicle that they had been using. The bodies of Heni Veidiho and Mathew Togiri were later found together on Monday morning along the Lealea – Papa road.

The accused denied the two counts of wilful murder.

The state evidence was both oral and documentary.

Oral evidence was given by Anthony Bonio, John Naime, Luio Billy, Momoru Ako, Segela Kubili, and Dr Philip Golpak.

The main state witness was John Naime. His evidence is that on 31/03/01 he left his Tatana village at 9.30 a.m. and went to work at Konedobu. They finished at about 12.00 noon and he went to drop off staff at Gordons. He was asked by Fred Vaika Jr to bring some pig food which he did and he went to Baruni. He went to drop the pig food at Freddy’s house and he saw Fred Vaika (Jr), Tony Bomio and Homoka Koae drinking at Freddy Vaika (Jr)’s house. There he joined them to drink. Sometime after that the accused Arua Maraga arrived in his blue mazda sedan 626. He said Arua Maraga then asked Freddy Vaika Jr and Tonny Bomio to go to his 2nd wife at Tatana village. He said Freddy Vaika and Tony Bomio got in their car while he and John Naime drove Mr Tom Leula’s car to his place at Tatana. He left Mr Leula’s car and got into Bomio’s vehicle. Then they went to the accused’s second wife’s place in the village, checked but she was not there so they went to Freddy Vaika’s place.

After that the said Arua Maraga gave K100.00 to him and Bomio to go and buy some more beer. Bomio and Homoka Koae went to Gerehu and bought some beer. They went to buy the beer and returned about 4.00 pm.

After Bomio and Koae returned they drunk again. This time Freddy Vaika senior came and joined them.

He said when the beer finished he asked Bomio to drop him off at Tatana village but the accused insisted instead to drop him off. So he said he got into the accused’s vehicle in the back seat while Homoka Koae sat in the front seat. He said they went and dropped off Homoka Koae and made a U turn and went to Tatana. He said they went to the accused’s second wife’s place. He got out of the vehicle and knocked on her door but there was no answer so he came back to the accused and told him and he got into the vehicle and drove back and on the way they picked up the two boys, Heni Veidiho and Mathew Togiri who were sitting beside the road. He said the accused came and stopped near them and told them that he had no beer in his car. So he asked them to go and look for beer. He gave them his driver’s licence as identification that he would buy beer on credit. The boys went with the licence to Togiri’s mother and other places but they did not have any beer.

Then Momoru Ako came along and told the 3 boys to get into the vehicle. He said they drove to another place to look for beer. Momoru Ako went to Naime Arua’s house but there was no beer. He said at this time Arua Maraga told him, Togiri and Heni that he had some beer in his house. So he invited the two boys to get into the vehicle. After the boys got in, they drove to Baruni to the accused’s house. At the accused house, they drank whiskey. He said Togiri felt sleepy and slept in the vehicle. He said, the Accused, Heni and him drank the whiskey until it finished. After it finished he said he heard the Accuse and Siaka Sava talk in the Koitabu language and hear them say in motu “These are the people”. He said after this the accused held Heni Veidiho and pushed him to the ground and while on the ground held him by his neck on the ground and he said Siaka Sava also helped Arua Maraga. He said he watched until Heni was motionless on the ground. Then he said the accused told Siaka Sava to get a rope. He said when Siaka Sava left, he decided to escape from there thinking that he might be the next one to be attacked. He said he then fled and on the main road someone called him but he did not stop, he just ran to his Tatana village and he went to sleep. He said he was still scared on the Sunday. On Monday 2nd April 2001 he went to work and accused was already there at work and he followed him to the office and told him – “If they come, you must tell them I gave you K5-00 and dropped you 3 off”. He said he told Arua they have not come yet. He said he left work and went to his village.

He said for one week he kept the story to himself because he was scared.

Anthony Bomio gave evidence of drinking together at Freddy Maraga’s house until about 12.00 midnight. He said he left with Freddy. He dropped Freddy at Gordons while he himself went to Koki where he lives.

Momoru Ako gave evidence of seeing the accused with John Naime, Togiri and Heni Veidiho in a blue sedan. He went to look for Heni after Heni had gone to look for beer in Max Gabutu’s house. When he came back he said the blue vehicle was gone. He said he did not see John Naime, Togiri and Heni Veidiho after that.

The accused Arua Maraga agreed that he drank at Fred Mabata (Jr) house with Bomio, Fred Mabata (Jr) and Homoka Koae. He said John Naime came and dropped Fred Mabata’s wheatmill flour for the pigs. He said after that John went to drop the vehicle at Tatana and he never saw him after that at Fred Mabata (Jr)’s house.

He said Tony Bomio and Fred Mabata got an Electoral Commission vehicle and left while he took Homoka Koae. He dropped Homoka Koae at his house at Baruni and went to Tatana to his 2nd wife.

He said he tooted his horn at his 2nd wife’s place but there was no response so he made a U turn and drove back. On the way he said the two boys stopped him. The two boys were Heni Veidiho and Mathew Togiri. He told the boys he had no beer. The boys told him Togiri’s mother was selling beer so he gave them his driving licence to try to buy the beer on credit. The boys took the licence to Togiri’s mother and came back without beer. The boys then told him to drop them off at the place where they sell home brew. He drove with the boys to where home brew was sold. He gave the boys his driving licence again to try to buy beer on credit from his uncle Max Gabutu. They did not buy any beer there either. He said he told the boys that he was going home. He said he gave K5.00 to the boys and left to his home at Baruni village. He said he went on his own to Baruni and that no one went with him.

From all this evidence it is clear to me that Freddy Mabata (Jr), Anthony Bomio, Homoka Koae, Arua Maraga and...