The State v William Nanua Kapris (1st accused); Jacob Peningi Okimbari (2nd accused), Collin Masilo (3rd accused), Bonny Solomon (4th accused), Johnny Gumaira (5th accused), Damien Inanei (6th accused), Kito Aso (7th accused), Joyce Maima (8th accused), Kia Warren (9th accused), Bobby Selan (10th accused), Reuben Micah (11th accused), Isabella Kivare (12th accused), Elvis Bala Aka (13th accused), Peter Allan Popo (14th accused) (2011) N4232
Jurisdiction | Papua New Guinea |
Judgment Date | 22 March 2011 |
Docket Number | CR NOS 251 OF 2010 &1455, 1457, 1433, 1444, 1447, 235, 287,78, 79, 1459, 1431, 76, 77, 239, 237 & 235 OF 2009 |
Year | 2011 |
Citation | (2011) N4232 |
Court | National Court |
Judgement Number | N4232 |
Full Title: CR NOS 251 OF 2010 &1455, 1457, 1433, 1444, 1447, 235, 287,78, 79, 1459, 1431, 76, 77, 239, 237 & 235 OF 2009; The State v William Nanua Kapris (1st accused); Jacob Peningi Okimbari (2nd accused), Collin Masilo (3rd accused), Bonny Solomon (4th accused), Johnny Gumaira (5th accused), Damien Inanei (6th accused), Kito Aso (7th accused), Joyce Maima (8th accused), Kia Warren (9th accused), Bobby Selan (10th accused), Reuben Micah (11th accused), Isabella Kivare (12th accused), Elvis Bala Aka (13th accused), Peter Allan Popo (14th accused) (2011) N4232
National Court: Cannings J
Judgment Delivered: 22 March 2011
N4232
PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]
CR NOS 251 OF 2010 &
1455, 1457, 1433, 1444, 1447, 235, 287,
78, 79, 1459, 1431, 76, 77, 239, 237 & 235 OF 2009
THE STATE
V
WILLIAM NANUA KAPRIS (1st accused)
JACOB PENINGI OKIMBARI (2nd accused)
COLLIN MASILO (3rd accused)
BONNY SOLOMON (4th accused)
JOHNNY GUMAIRA (5th accused)
DAMIEN INANEI (6th accused)
KITO ASO (7th accused)
JOYCE MAIMA (8th accused)
KIA WARREN (9th accused)
BOBBY SELAN (10th accused)
REUBEN MICAH (11th accused)
ISABELLA KIVARE (12th accused)
ELVIS BALA AKA (13th accused)
PETER ALLAN POPO (14th accused)
Madang: Cannings J
2010: 11, 12, 16, 17, 18, 19, 23, 24, 25 August,
7, 8, 9, 13, 14, 21, 23 September,
5, 12, 13, 14, 15, 18, 19, 20, 21, 22 October,
2, 3, 4, 5, 8, 9, 10, 11, 15, 16, 17 November,
7, 9, 13, 14, 15 December,
2011: 22 March
VERDICTS
CRIMINAL LAW – trial – 14 accused charged with various charges on three indictments – 1st indictment: one charge of armed robbery and one charge of conspiracy against all 14 accused – 2nd indictment: 13 charges of kidnapping and 14 charges of unlawful deprivation of liberty against nine accused – 3rd indictment: one charge of receiving stolen property against 12 accused.
The State presented three indictments against 14 accused, which related to the armed robbery of a bank and the kidnapping and unlawful detention of bank staff and their family members. The first indictment charged each of the accused with one count of armed robbery and one count of conspiracy to commit armed robbery. The second indictment charged nine of them with 13 counts of kidnapping and 14 counts of unlawful deprivation of liberty. The third indictment charged 12 of them with receiving stolen property. All accused pleaded not guilty to all charges against them. It was an agreed fact that the robbery had occurred and the offences of kidnapping and unlawful deprivation of liberty had apparently been committed in connection with it. However, it was contended by the defence that the alleged kidnap victims had colluded with those who had actually committed the robbery.
Held:
(1) Of the 14 accused charged on the first indictment, 12 accused were found guilty of armed robbery and conspiracy, and two accused were found not guilty of armed robbery and conspiracy.
(2) Of the nine accused charged on the second indictment, seven were found guilty of 13 counts each of kidnapping for ransom and 14 counts each of unlawful deprivation of liberty, and two accused were found not guilty of all counts.
(3) Of the 12 accused charged on the third indictment, four were found guilty of receiving stolen property, and eight accused were found not guilty of that charge.
Cases cited
The following cases are cited in the judgment:
Abraham Saka v The State (2003) SC719
Biwa Geta v The State [1988-89] PNGLR 153
Devlyn David v The State (2006) SC881
Jimmy Ono v The State (2002) SC698
John Beng v The State [1977] PNGLR 115
Paulus Pawa v The State [1981] PNGLR 498
R v Amo and Amura [1963] PNGLR 22
Taiya Balua v The State (2006) SC878
The State v Alpen Popo [1978] PNGLR 18
The State v Alphonse Asarombo & Timothy Lokora (2010) N4035
The State v Boria Hanaio, Bula Hanaio & Timothy Komu (2007) N4012
The State v Francis Laumadava [1994] PNGLR 291
The State v Iori Veraga (2005) N2849
The State v Kusap Kei Kuya [1983] PNGLR 263
The State v Raphael Walimini (2004) N2627
The State v Titeva Fineko [1978] PNGLR 262
The State v Wama Dua, Daniel Bema & John Goga (2005) N2854
The State v William Kapris & Ors (2010) N4139
Dates
The events referred to in this judgment occurred in 2008 unless otherwise indicated.
Abbreviations
The following abbreviations appear in the judgment:
2IC – second-in-charge
BSP – Bank South Pacific
CCTV – closed-circuit television
Chf – Chief
CID – Criminal Investigations Division
Const – Constable
CR – Criminal file reference
Dep – Deputy
Det – Detective
Insp – Inspector
km – kilometre
MOCIT – Major Organised Crime Intelligence Team
N – National Court judgment
NRL – National Rugby League
No – number
Ors – Others
PMV – public motor vehicle
PNG – Papua New Guinea
PNGLR – Papua New Guinea Law Reports
PPC – Provincial Police Commander
Reg – registration
RSP – receiving stolen property
s – Section
SC – Supreme Court judgment
SDA – Seventh-Day Adventist
Sgt – Sergeant
SMK – Salim Moni Kwik
Snr – senior
Supt – Superintendent
Tech – Technical
UDL – unlawful deprivation of liberty
v – versus
WNB – West New Britain
TRIAL
This was the trial of 14 accused charged, variously, with conspiracy and armed robbery, kidnapping, unlawful deprivation of liberty and receiving stolen property.
Counsel
P Kaluwin, A Kupmain & M Pil for the State
D L Dotaona for the 1st accused
M Mwawesi for the 2nd, 7th, 12th & 13th accused
A E Raymond for the 3rd, 4th, 5th, 6th, 9th & 14th accused
S L Daniels for the 8th, 10th & 11th accused
22 March, 2011
1. CANNINGS J: On the morning of Saturday 5 July 2008 an armed robbery took place at the Madang branch of Bank South Pacific. The State alleges that, at Lae and Madang from 24 June to 5 July, the 14 accused conspired with each other and other persons to commit the robbery. The State alleges that on the evening of Friday 4 July and in the early morning of Saturday 5 July the bank’s manager and two other bank officers and members of their families were kidnapped and taken to a hotel 40 km out of town, where they were detained at gunpoint by some of the accused. The State alleges that the bank officers were forced by some accused to go to the bank later on Saturday morning and open the strongroom and cash compartments within it, from which K2,407,315.35 cash was stolen. In the course of the robbery another bank officer was detained. The State alleges that the accused who directly committed the robbery joined with those who detained the bank officers and their families and went to Lae later on Saturday where over the next few days they met with the other accused who had remained in Lae and distributed the proceeds of the robbery.
2. None of the accused denies that the offence of armed robbery was committed at Madang on 5 July 2008. They all deny, however, actually committing the offence or enabling or aiding those who committed it.
3. The State presented three indictments:
· The first indictment charged each of the 14 accused with one count of armed robbery under Section 386 of the Criminal Code and one count of conspiracy to commit armed robbery under Section 515 of the Criminal Code.
· The second indictment charged nine of them with 13 counts of kidnapping under Section 354(1)(a) of the Criminal Code and 14 counts of unlawful deprivation of liberty under Section 355(a) of the Criminal Code.
· The third indictment charged 12 of them with receiving stolen property under Section 410(1) of the Criminal Code.
4. The 1st accused pleaded guilty, on arraignment, to some charges but later with the leave of the court changed his plea to not guilty to all counts (oral ruling 10.11.10). All other accused pleaded not guilty to all charges on arraignment and did not change their pleas. All accused therefore pleaded not guilty to all charges.
5. This judgment provides reasons for the court’s verdict on each accused in relation to each charge. It is set out as follows:
PART A – THE EVIDENCE
PART B – FINDINGS OF FACT
PART C – THE OFFENCES AND THEIR ELEMENTS
PART D – CHARGES FACED BY EACH ACCUSED
PART E – DETERMINATION OF VERDICTS FOR EACH ACCUSED
PART F – SUMMARY OF VERDICTS
PART A: THE EVIDENCE
6. Sixty witnesses gave oral evidence for the State and 110 exhibits were admitted into evidence, including witness statements by some persons who did not give oral testimony.
7. For the defence, eight of the accused gave sworn evidence and six other defence witnesses gave evidence in the course of seven voir dire hearings. After the close of the State’s case and rejection by the court of no-case submissions by all accused (oral ruling, 09.12.10):
· none of the accused gave sworn evidence;
· 12 remained silent; and
· two made unsworn statements from the dock.
8. Only one defence witness gave evidence in the trial proper.
9. The evidence is summarised in the following order:
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