The State v Kai Wabu [1994] PNGLR 498

• Jurisdiction: Papua New Guinea
• Judge: Injia AJ
• Judgment Date: 25 May 1994
• Citation: [1994] PNGLR 498
• Court: National Court
• Year: 1994
• Judgement Number: N1227

Full Title: The State v Kai Wabu [1994] PNGLR 498

National Court: Injia AJ

Judgment Delivered: 25 May 1994

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

THE STATE

V

KAI WABU

Alotau

Injia AJ

25 May 1994

PRACTICE AND PROCEDURE — Statement and record of interview done in English — Illiterate accused — No evidence that statements read over to the victim or the accused and understood by them before they signed their respective statements — Whether record of interview admissible in committal proceedings — Whether National Court should proceed to rely on such statement or record of interview in deciding whether or not to accept plea — District Courts Act Ch 40 ss 94 (1A) and 94C (2).

Facts

The accused is an illiterate villager. He pleaded guilty to one count of attempted rape. Without reading the statement of the State witnesses, the presiding judge decided to scan the court depositions for evidence whether the accused understood the statements before signing them.

Held

1. The combined effect of ss 94 (1A) and 94C (2) of the District Courts Act is that the committal Court must conduct an enquiry to ensure that the makers of statements had full knowledge of the contents, correctness, and truth of written statements they are responsible for signing.

2. The requirement is mandatory and requires strict compliance. This enquiry is an independent one, which the Court must conduct in the exercise of its judicial function.

3. After having conducted the enquiry, the Court has a discretion to admit or reject the written statement. The Court must then record the nature and extent of the enquiry conducted and record its findings.

4. Failure to conduct such enquiry and record its finding may result in voiding the committal.

Counsel

C Sambua, for the State.

D Sakumai, for the accused.

25 May 1994

INJIA AJ: The prisoner is an illiterate villager from Bagilina village, Misima Island, Milne Bay Province. At the commencement of the trial, he spoke through an interpreter in his own Misima dialect.

The victim is a young girl. She also comes from Bagilina village and no doubt is illiterate and speaks only the Misima dialect. She is said to be a blind girl, who was born that way.

The prisoner pleaded guilty to one count of attempted rape contrary to s 348 of the Criminal Code Ch 262 (the Code). The State tendered the committal court depositions pertaining to the matter. Without reading the statements of State witnesses and the accused's record of interview in detail, in particular the statement of the victim and the accused's record of interview, I decided to scan the court depositions for evidence of the contents of the documents being read or understood by the maker of the statements before signing them. I also decided to peruse the notes made by the committing magistrate for evidence of satisfying himself that the person who made the statement "had read and understood it, or if unable to read, had had it read to him in a language that he (or she) understood" before admitting the statements. I decided to take this step because, in the past, I have come across, on many instances, cases where statements in English from illiterate witnesses appear to have been tendered in committal proeedings and which are tendered in that form by the State in the National Court after the person pleads guilty.

Upon perusing the Court depositions, I noted that the statement of the victim was in English. There was no endorsement or certificate of interpretation endorsed on the document. I then noted that the record of interview, which contained clear admissions, was also in English. There was no record of an interpreter been involved in the interview. I also learnt that there was no record from the committing magistrate in regard to satisfying himself that the statements were read to the victim or the accused in a language that they understood before they signed their respective statements.

My initial...