The State v Mark Poroli (2004) N2655

• Jurisdiction: Papua New Guinea
• Judge: Lenalia J
• Judgment Date: 25 August 2004
• Citation: (2004) N2655
• Court: National Court
• Year: 2004
• Judgement Number: N2655

Full Title: The State v Mark Poroli (2004) N2655

National Court: Lenalia J

Judgment Delivered: 25 August 2004

N2655

PAPUA NEW GUINEA

[In the National Court of Justice]

CR. NO: 788 OF 2003

THE STATE

-v-

MARK POROLI

Mendi: Lenalia, J.

2004: 18, 25 Aug.

Criminal Law – Wilful murder – Plea of guilty – Criminal Code, s. 299 (1), Ch. No. 262.

Criminal Law – Wilful murder of policeman in execution of his lawful duties – Policeman

guesomnly murdered – One gun shot killing policeman instantly – Policeman hunted down as though he was criminal – had away to be slaughtered like a sheep – “Worst type” case killing – Inhuman barbaric cruel and horrific killing of a policeman on duty.

Criminal Law – Payback killing – Concept – Non applicability of – Deceased policeman

from coastal Province – Policeman on duty – Constitutional obligation to enforce law and “preserve peace and good order” – Right to life – Instant killing categorized “worst type” case – Death penalty appropriate, see ss. 35, 36 and 197 of the Constitution.

Cases cited:

Goli Golu -v- The State [1979] PNGLR. 653

Ure Hane -v- The State [1984] PNGLR. 105

Avia Aihi (No.3) -v- The State [1982] PNGLR. 92

Steven Loke Ume & 2 Others -v- The State (2000) SCRA. 10 of 1997

The State -v- Arua Maraga Hariki (2003) N 2332

The State -v- Kepak Langa (2003) CR. No. 300 of 2003

The State -v- Ben Simakot Simbu (2004) CR. No. 1413 of 2002

Jae Fae Leslie Leslie -v- The State (1998) SC 560

The State -v- Tumu Luna (2002) N. 2205

The State -v- Yapes Paege & Relya Tanda [1994] PNGLR. 65

Counsels

Mr. S. Kesno, for the State

Mr. P. Kapi, for the Accused

25th August 2004

LENALIA, J. The accused Mark Poroli of Levani village, Koroba District, Southern Highlands Province is charged that on 18th day of May in 2002 at Hetawi village near Koroba station, he willfully murdered Constable Gaier Semai (deceased). This is an offence contrary to s. 299 (1) of the Criminal Code.

After the accused had been arraigned and asked to plea, he entered an unequivocal plea of guilty.

Facts

On Friday 17th of May 2002, a group of four (4) policemen including the deceased all from the Police Mobile Squad 10 based in Tari Police Station left Tari station at 1 pm to provide an escort to a Bromley & Menton delivery cargo truck en-route to Koroba Station. On the same date an intending candidate campaigning for the 2002 General Election also requested that, he too be escorted by police to Kabilo village somewhere past the Koroba Government Station. The reason for this request was because Benias had brought with him a large sum of money in cash believed to be some K150,000.00.

On the convoy that afternoon, there were four vehicles. The police vehicle, two Toyota Land Cruisers, one of them owned by Benias and another by Willie Pongoli. The later was the supporter of the former. The fourth vehicle was a Dyna Toyota Truck owned by Bromley and Menton in Tari. The truck was carrying a full load of cargo destinated to Koroba Station.

On arrival at the station at Koroba, the convoy stopped to wait for the Dyna Toyota truck to unload it’s cargo. Benias requested the four policemen to escort him further up to Fuguwa village. They took off from the station and on their way along the Hetawi villages, they came across a man carrying in his possession a factory-made high powered gun. He was asked by the four policemen how come he had a high-powered gun and as to where he got it from. He answered that he was a body-guard personnel to their local MP. Hon. Herewa Agiwa. The police arrested this man and had him detained in their vehicle.

They took of from there to Hetawi village. In that village, the convoy came across a large crowd of people gathering to witness a compensation payment being made by one of their clans for the death of a young man from the other. The police estimated that the crowd would have numbered between 5,000 to 7,000 people. Having seen this large crowd, the police vehicle being on the load slowed down in order to drive through slowly.

A community leader in that crowd sighted Benias in the police vehicle and shouted at the police car demanding an answer as to why the police had provided an escort to somebody who was not a minister of the State. In the course of that conversation, the man who had been arrested by police and detained in the police vehicle started to call out from inside the vehicle and called out for assistance. The man took advantage of the slow movement of the vehicle, he leaped to his feet and jumped out from the police vehicle.

As soon as the arrestee jumped out from the car, a man from the village got into the police vehicle a 10 Seater and manhandled the policemen sitting at the back. He struggled with them and grabbed one gun from the police. The facts are not clear if, the gun which the man got from police was a police issued gun or the gun they seized from the arrestee. Having realized there was a confrontation, the driver of the police vehicle drove a little distance away from the scene.

The driver of the police vehicle drove away some few hundred metres, but as the policemen sitting at the rear looked back, they saw that the two vehicles of that convoy were surrounded and people started to attack them. The driver of the police vehicle was told about that and they turned around and drove back to the scene and the policemen noticed that there was already a commotion. By the time they reached the crowds, the two Toyota Land Cruisers were already being damaged beyond repair.

Warning shots were fired by police, but those from the crowd who had gun open fired at the police vehicle. In the course of such cross fire, the driver of police vehicle Constable Gideon Tui was shot on his chest. Another policeman was also shot. In a bid to drive away from the scene, the police vehicle could not run fast as it’s back tyres had been punctured by gun fire from angry villagers.

Police could not stand the shooting. For one thing, they were outnumbered and secondly they were no match to the fire-power coming to them from the crowds as the police vehicle was fully surrounded. Police was totally out-gunned. The police driver drove off slowly and ran down hill toward the Koroba Station. On the way they could not continue with flat tyres. They planned to abandon their vehicle and set on foot toward the direction of Tari.

As the four policemen and Benias were fleeing, they heard shouts from mountain top to mountaintop calling out in the Huli language that villagers at Hetawi village and police had had a gun battle and some of their people had been killed in the shoot out and that the main road should be blocked and Helas should set up ambushes for the policemen. With the assistance of Benias, policemen learnt that they were being ambushed so they paired off in twos and ran in different directions fleeing for their lives.

Constable Gideon Tui and Caspar Maugla tell the story of how they spent the cold night in the forest. They were very weak and their bodies were totally numb. In case of Constable Tui, he got up very early in the morning at 5:30 am and realizing it was downing, he started to look for a place where he could hide. As he was walking around in the bushes, he caught up with late Constable Seimai. Gideon found a place where he could hide and so he hid himself. Whilst in his hiding place, he requested Constable Semai to join him in the same place. The victim refused. Gideon repeated his call the second and third time but the victim said, it was too late because villages were closing in from all directions.

As Gideon was hiding, he saw the people coming up their direction. Then they came across late Constable Semai. After they found the victim, the people stopped searching. Two of the men held the victim one on each hand and they led him up to the main road. Up toward the road, they met the accused and another group of men. A Pastor of the Weslyan Church met the mob and he was told that they were going to kill the policeman.

Kope Kaipiawi, a student at Fuguwa Community School and another youth from that area Hetawi Tapole said the accused and his men led the victim further up the road and the pastor offered to say a last prayer for the policeman before he could be shot. After praying, the pastor took off.

The accused and his mob led the policeman up to a nearby hill where there is a cliff on one end of it. The victim was asked to go and stand at the edge where the cliff is and he stood still. He was ordered to turn around to face the mob. This the victim obeyed willingly. Before he was shot, the victim requested his...