The State v Sedoki Lota and Fred Abenko (2007) N3183

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 01 October 2007
• Citation: (2007) N3183
• Docket Number: CR 1236 OF 2006
• Year: 2007

Full Title: CR 1236 OF 2006; The State v Sedoki Lota and Fred Abenko (2007) N3183

National Court: Sevua, J

Judgment Delivered: 1 October 2007

CRIMINAL LAW—Sentence—Wilful murder—Relevant considerations—Killing related to belief in sorcery—Whether belief in sorcery is a mitigating factor—And if so, should Court continue to use it as a bar to impose death penalty in serious wilful murder cases - Aggravated circumstances—Premeditated killing—Accused’s unlawfully entered deceased’s house - Deceased blindfolded—Hands tied—Neck decapitated—Execution type merciless killing—Facts warrant consideration of maximum penalty—Death penalty considered appropriate in the circumstances—Sentence of death imposed

Cases Cited

Kwayawako v The State [1990] PNGLR 6; The State v Jude Gena (2004) N2649 24th September 2004; The Acting Public Prosecutor v. Uname Aumane [1980] PNGLR 510; The State v. Rex Lialu [1988-89] PNGLR 449

Legislation Cited

Constitution, s35, s49; Criminal Code, s19, s299, s597; Sorcery Act, s3, s7

1. SEVUA, J: The two accused pleaded guilty to a charge that on 9 July 2005 at Sigaroi in Milne Bay Province, Papua New Guinea, they wilfully murdered once Marcia Kedarossi.

2. There were five other accuseds who were committed for the same crime however, at the time of the plea by these two accuseds, the Court was advised by Mr. Kari that the other accuseds would plead not guilty. They were not arraigned and their case was adjourned to the next sittings of the Court in Alotau for trial.

3. The brief facts were that on 9 July, 2005, the accuseds went from Nade village near Esa’ala Station in Ferguson Island, Milne Bay Province to Sigaroi hamlet. They then entered the house of Marcia Kedarossi where they tied both her hands and blindfolded her, then chopped her head off with a knife with the intention to kill her. The killing was in relation to allegations that the deceased was practising witchcraft or sorcery. Incidentally after the hearing, I became aware that Esa’ala Station is in Normanby Island and not Ferguson Island as stated by the State Prosecutor, Mr. Kaluwin

4. In allocutus the accuseds made brief statements as follows.

5. Sedoki Lota said, “I did not kill the woman without justification. There is a reason for it. She killed my father and mother that’s why I killed her. If she had not done that, I would not have killed her.”

6. Fred Abenko said, “I killed that woman because it was justified. She killed my father so I killed her.” When the Court asked how she killed the accused’s father, the accused said, “I know she was a witchcraft lady and she killed him. She killed my father through witchcraft.”

7. The prisoners’ counsel, Mr. Kari then briefly referred to the prisoners’ antecedents. Sedoki Lota is 22 years and married with children. His father is deceased. He resided at Salakahadi village in Esa’ala District. He reached Grade 2 only in school and since then has never been employed. He is a first offender. Fred Abenko is 20 years old and single. His parents are deceased and he resided in his village with his six siblings of which he is the eldest. He received no education and had never been employed.

8. Both prisoners were arrested on 20 October, 2005 and at the time of hearing; they had been in custody for 10 months, 3 weeks and 3 days.

9. Counsel submitted that the circumstances of this case were that both prisoners believed that the deceased was responsible for the death of their parents therefore they set out to kill her in revenge.

10. Mr. Kari submitted that the prisoners have pleaded guilty to a very serious crime with full admissions in their records of interviews; they co-operated with police and maintained that co-operation by their pleas of guilty in Court; they are first offenders, and the maximum penalty for this crime is death.

11. Counsel referred to Kwayawako v The State [1990] PNGLR 6; a case relating to killing over belief in sorcery where the prisoners were sentenced to terms of imprisonment between 12 to 15 years. On appeal, the Supreme Court reduced the sentences to 10 years. Counsel said that case was decided 16 years ago...