The State v Eliesa Kopeia Madiroto [1997] PNGLR 95

• Jurisdiction: Papua New Guinea
• Judge: Sevua J
• Judgment Date: 20 March 1997
• Citation: [1997] PNGLR 95
• Court: National Court
• Year: 1997
• Judgement Number: N1554

Full Title: The State v Eliesa Kopeia Madiroto [1997] PNGLR 95

National Court: Sevua J

Judgment Delivered: 20 March 1997

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR 1490 OF 1996

THE STATE

v

ELIESA KOPEIA MADIROTO

Alotau

Sevua J

14 March 1997

20 March 1997

CRIMINAL LAW — Sentence — Wilful Murder — Maximum penalty, death — Whether death penalty should be imposed.

CRIMINAL LAW — Sentence — Wilful Murder — Plea of guilty -Serious case — Whether death penalty should be imposed — State not demanded death penalty — Sentenced to life imprisonment.

Cases Cited:

Goli Golu v The State [1979] PNGLR 653

Ure Hane v The State [1984] PNGLR 105

Counsel:

C Manek for State

P Tusais for Accused

20 March 1997

SEVUA J: You have pleaded guilty to a charge that on 11th June, 1996 at Gadovisu village, Rabaraba District, Milne Bay Province, you wilfully murdered Besi Wagus.

The facts which you admitted were these: Between, 5:00 pm — 6:00 pm that day, you were cooking bananas near your mother's garden when the deceased approached and said something to the effect that, you should not be cooking bananas there as it was not your area. She then left for her garden house. Then approximately 10 o'clock in the night, you went to the deceased's garden house with the intention of burning her with her house, however, when you reached her, you didn't carry out your intention. Instead, you dragged her out of her house by her hands then burnt her house.

You then commenced to assault the deceased with your hands. Later you dragged her to a nearby creek and threw her face down against the stones with her forehead hitting the stones. After that, you took stones from the creek and began stoning the deceased on her head. Later you squeezed her throat and at the same time pushed her head into the water in the creek. You kept her head inside the water until she died then you released her.

There can be no doubt in anyone's mind that this was a very serious case of wilful murder, and from the outset, let me make it clear to you that I take the most serious view of this case, particularly the manner in which you carried out repeated assaults against the deceased leading to her death, a death, if I may add, she did not deserve.

You are approximately 25 years old and married with a child. You have been a villager since leaving school at the completion of Grade 6 and you have a prior conviction for break, enter and stealing in which you were sentenced to one year eight months imprisonment. Apart from these personal antecedent matters, your counsel has also submitted that the Court considers the following matters in mitigation: your plea of guilty and your co-operation with police investigations by readily admitting your guilt; compensation in the sum of K500.00 plus two pigs paid and peace restored; your unsophistication and that you come from a backward area of this province; remorse; and, your prior conviction is not related to this crime, although it has potential for violence.

Since this case involves the imposition of the death penalty, your counsel has referred me to two cases; Goli Golu v The State [1979] PNGLR 653 and Ure Hane v The State [1984] PNGLR 105 and adopted the rulings therein, that in dealing with wilful murder, the maximum penalty should be reserved for the most serious cases. I will revert to this submission later.

At this juncture, let me address the reason for killing the...