The State v John Michael Awa, Eric Steven Gitu, Degemba Michael and Harry Ewag (2000) N2012

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2000) N2012
• Date: 26 June 2000
• Year: 2000

Full Title: The State v John Michael Awa, Eric Steven Gitu, Degemba Michael and Harry Ewag (2000) N2012

National Court: Injia J

Judgment Delivered: 19 and 26 June 2000

1 PRACTICE AND PROCEDURE—voir dire—principles to be applied —crime of aggravated robbery

2 SENTENCE—crime of aggravated robbery

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Injia J: The evidence in this trial consists of all evidence presented by both parties before the voir dire and during the voir dire, as set out in the first part of my judgment herein. Both counsel adopted the evidence on the voir dire for the purpose of the substantive trial. Additional evidence adduced by the State after the voir dire are 7 written statements of the accused Michael John Awa, Degemba Michael and Eric Steven Gitu which were tendered as s93 statements during the committal proceedings. These statements are referred to in the affidavit of the presiding Magistrate John Numapo which is also in evidence and marked Court exhibits "DD.1"–"DD.6" (State).

Before I consider the evidence as a whole for the purpose of arriving at a verdict, I wish to re–state some established principles which I believe are relevant to the case before me. The State carries the burden of proving each and every element of the charge(s) beyond reasonable doubt. There are two charges against each accused. They are aggravated robbery under s386 and unlawfully taking control of aircraft or "plane hijacking" under s393. Earlier in the trial, there was reference to a possible charge of unlawful use of a motor vehicle under s383 but no such charge has been preferred against the 4 accused. Instead the State relies on the evidence of unlawful use of the subject motor vehicle in the various records of interview (ROI) as a circumstance of the two crimes.

There is only one issue in this trial which is common to both charges, and it is one of identification, there being no dispute that the two crimes were committed by a group of young men in the manner described in my findings of fact which are set out in the first part of my judgment handed down on 15 May 2000 and which appear on pages 8–9 herein. For purposes of completeness, I set out that part of the judgment hereunder:

"I now wish to set the stage for discussion of the case against each accused. It is not disputed that on 30 January 1998, a North Coast Aviation Islander Aircraft piloted by one Shelly Damien left Lae's Nadzab airport enroute Sialum and Finschafen, to deliver pay for public servants based in the area. In the plane were provincial government finance department officers as well as other passengers. At 11am, the aircraft touched down at Sialum airstrip. The District Office vehicle for Tewae/Siassi, a government 10 seater landcruiser, drove up to the tarmac to collect the cargo. They loaded the vehicle with all the cargo and were about to leave when 5 men wearing masks and blue overall clothes wielding guns approached them and held them up. They fired shots into the air and forced the passengers to lie flat on the ground and they searched them. Aircraft passenger Colin A. Ramin (Local Government Manager) lost K487.74 in pay cheque and K550.00 in cash and other payments designated for Yabim Mape Local Government Administration. Aircraft passenger William Bogu (teacher of Dreger High School) lost K150.00. Aircraft passengers Mrs Nancy Bogu (teacher of Dreger High School) and her one year old daughter were also held up. Aircraft passenger Mathias Awagasi (Local Government Council Manager) was also held up. Aircraft passenger Robin Dama (employee of Sialum Local Government Council) was held up and threatened. The driver of the 10 seater landcruiser Peter Novenba was also held up and threatened. Ms Nancy Calistor (typist at Sialum District office) who accompanied the driver to the airport to collect the cargo was also held up and threatened. Mr Juki Jackro (Sialum Station mini–power operator) who accompanied Ms Nancy Calistor was also held up and threatened. Mr Kitoli Posanau (Provincial Finance Clerk) based at provincial headquarters was a passenger on the plane and he was responsible for the payroll run. He had with him a total of K24,330.92 in cash and K10,297.60 in cheques...