CR NO. 147 OF 2006; The State v Robert Tiki and CR NO. 148 OF 2006; The State v Jim Kamin (2008) N3990

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2008) N3990
• Date: 23 October 2008
• Year: 2008

Full Title: CR NO. 147 OF 2006; The State v Robert Tiki and CR NO. 148 OF 2006; The State v Jim Kamin (2008) N3990

National Court: Yagi, J

Judgment Delivered: 23 October 2008

CRIMINAL LAW—misappropriation—accused persons pleaded not guilty—trial - no case submission from defence counsel at the close of states case—test is whether the evidence supports the essential elements of the offence—no evidence in relation to establishing two elements of offence—both accused acquitted—s383A Criminal Code Act

Counsel:

L. Rangan, for the State

B. Koningi, for the Accused, Robert Tiki

M. Mumure, for the Accused, Jim Kamin

23 October, 2008

1. YAGI J: The two accused, Robert Tiki and Jum Kamin, have been indicted together. Both pleaded not guilty to one count of misappropriation. The indictment presented by the State against both Accused states:

“ROBERT TIKI of KETA village, Muglamp in the Western Highlands Province and JIM KAMIN of KOGE village, Sinasina in the Simbu Province stand charged that they between the 20th day of October, 2004 and 1st day of December 2004 at Goroka in Papua New Guinea dishonestly applied to their own use money the sum of Ten Thousand Five Hundred and Forty-five Kina and Thirty—five toea (K10,545.35) the property of Law and Justice Sector Program.”

2. Counsel for the State, Mr. Rangan, informed the Court that the indictment as presented against both accused is under s. 383A (1) (a) of the Criminal Code Act.

3. By consent the State tendered the following documents into evidence:-

A. In respect to Accused, Robert Tiki—

? Record of Interview (English version) dated 02nd November 2005—Exhibit “A”

? Statement of Investigation Officer, Detective Constable Bina Gigiba (type written English version) dated 03rd November 2005—Exhibit “B”

? Statement of Corroboration Officer Detective Constable Elizah Aron (typed written English version)- dated 03rd November 2005—Exhibit “C”

B. In respect to Accused, Jim Kamin—

? Record of Interview (typed written English version) dated 21st December 2005—Exhibit “D”

? Statement of Investigation Officer, Detective Constable Bina Gigiba (English version) dated 22nd December 2005—Exhibit “E”

? Statement of Corroboration Officer Detective Constable Elizah Aron (English version) dated 22nd December 2005—Exhibit “F”

C. In respect to the State’s Case generally—

? Statement of Correction Service Commissioner Richard Sikani dated 11th November 2005 (typed English version)—Exhibit “G”

? Letter by Kaisa Kemawawa dated 08th October 2004—Exhibit “H”

? Letter by Commanding Officer Anis Kapil to Director Facilities Management Unit dated 21st September 2004—Exhibit “I”

? Quotation No. MHG09 by Mitre Hardware dated 01st October 2004—Exhibit “J”

? Correction Services Check List form No. 091451—Exhibit “K”

? Copy of Cheque for K35,734.93—Exhibit “L”

? Bundle of copy Mitre hardware Invoices including an hand written summary identified as RT06 in the Committal Proceedings—Exhibits “M1” and M2”.

4. After the tendering of the documentary evidence, Mr. Rangan for the State, called 5 witnesses who each gave sworn oral testimonies. After these State witnesses were examined, the State formally closed its case.

5. The summary of the oral evidences given by the State witnesses are as follows:-

Witness No. 1: Sam Wange.

He is the Branch Manager of Steamships Hardware in Goroka. He has been employed in that capacity for the last 4 years. Previously was employed by Mitre Hardware Company. The Mitre Hardware Company was owned by Collins & Leahy Company but was sold to Steamships Hardware Company in 2005. He was aware of a cheque of K35,000 plus from Law & Justice Sector Program given to Mitre Hardware for the purchase of Taffa tanks for Bundaira Correctional Institution. He said there were 11 invoices issued by Mitre Hardware against the cheque. He referred to a...