The State v Elis Onda (2011) N4988

• Jurisdiction: Papua New Guinea
• Judge: David, J
• Judgment Date: 19 January 2011
• Citation: (2011) N4988
• Docket Number: CR. NO. 1313 OF 2009
• Court: National Court
• Year: 2011
• Judgement Number: N4988

Full Title: CR. NO. 1313 OF 2009; The State v Elis Onda (2011) N4988

National Court: David, J

Judgment Delivered: 19 January 2011

N4988

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR. NO. 1313 OF 2009

BETWEEN:

THE STATE

AND:

ELIS ONDA

Prisoner

Mt. Hagen: David, J.

2010: 5 & 6 May & 29 October

2011: 19 January

CRIMINAL LAW – sentence – quadruple wilful murder – s.299 Criminal Code – prisoner is biological mother of victims, one male and three females – male child aged 3 years, female victims aged 5 years, 7 years and 8 years respectively – children thrown into fast flowing river in early hours of morning – male child thrown into river while asleep – victim aged 5 years thrown into river while asleep – victims aged 7 and 8 years forced to jump into the river with the prisoner holding their hands – all victims died of suffocation via drowning – prisoner survived - an attempted suicide by prisoner - killings associated with history of marital problems between prisoner and husband – killings callous, cruel and inhuman - killing in cold blood - killing of innocent, defenceless and harmless young children - pre-planned and pre-mediated - strong desire to kill - guilty pleas – no prior conviction – extenuating circumstances – de facto provocation - sentence of life imprisonment imposed for each count – all sentences to be served concurrently.

Cases cited:

Regina v Peter Ivoro [1971-72] PNGLR 374

The State v Elias Subang (No.1) [1976] PNGLR 141

Public Prosecutor v Tom Ake [1978] PNGLR 469

Goli Golu v The State [1979] PNGLR 653

Charles Bougapa Ombusu v The State [1996] PNGLR 335

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

Ure Hane v The State [1984] PNGLR 105

John Elipa Kalabus v the State [1988] PNGLR 193

Lawrence Simbe v The State [1994] PNGLR 38

The State v Arua Maraga Hariki (2003) N2332, PGNC140

The State v Kepak Langa (2003) N2462, PGNC48

The State v Alois Erebebe & Anor, CR 70 of 2003, Unreported & Unnumbered Judgment of Batari, J delivered in Goroka in September 2003

The State v Mark Poroli (2004) N2655, PGNC113

Manu Kovi v The State (2005) SC789

The State v Ben Simakot Simbu (No.2) (2004) N2546, PGNC225

Steven Loke Ume & Ors v The State (2006) SC836, PGSC9

The State v Upano Manake (No 2) (2006) N3504, PGNC174

The State v Sedoki Lota and Fred Abenko (2007) N3183, PGNC167

The State v Clarence Tema Mongi (2007) N3259, PGNC135

The State v Ambrose Lati (No 2) (2009) N3740, PGNC121

The State v Michael Ingwai, CR 116 of 2008, Unreported & Unnumbered Judgment of Makail, J delivered at Minj on 10 November 2009

Counsel

Messrs Joe Kesan & Joe Waine, for the State

Messrs Peter Kumo & Philip Leka Kapi, for the Prisoner

SENTENCE

19 January, 2011

1. DAVID, J: INTRODUCTION: On 5 May 2010, the prisoner appeared before me on remand from Baisu Correctional Institution and entered pleas of guilty to four counts of wilfully murdering four of her own children namely, Angeline Onda, Tresy Onda, Naomi Onda and Solomon Onda on 4 July 2009 at Warakum, Mt. Hagen, Western Highlands Province in Papua New Guinea contrary to s.299 (1) of the Criminal Code. Having been satisfied that the joinder of the four counts in the same indictment was permitted by s.531 (4) of the Code (The State v Elias Subang (No.1) [1976] PNGLR 141 and Charles Bougapa Ombusu v The State [1996] PNGLR 335) and the evidence contained in the depositions supported the charges, I confirmed the guilty pleas and entered convictions against the prisoner in respect of all the counts.

2. To assist me in deciding the appropriate sentences for the prisoner and at the request of the prisoner’s counsel, I directed that a pre-sentence report be compiled and filed by the Probation Service here by 20 May 2010 when parties were to make their submissions on sentence. The report was not ready by the due date therefore the earlier directions were extended to 27 July 2010. The report was filed within the extended period. Submissions on sentence were not heard on 27 July 2010 as scheduled and the matter was deferred indefinitely. I managed to hear submissions on sentence on 19 October 2010 then adjourned for sentence on 17 November 2010 at 01:30 pm. I was not able to deliver sentence as scheduled due to changes made to the November court circuit programme resulting in my circuiting elsewhere out of the province.

BRIEF FACTS

3. The admitted short facts are these. The prisoner is married to one, Onda Anis. They live at Kuia village, Mt Hagen. They were married in 1999. From the marriage, they had four children. They are the victims namely, Angeline Onda, Tresy Onda, Naomi Onda and Solomon Onda. At the time the crimes were committed; Angeline was aged eight years, Tresy was aged seven years; Naomi was aged five years; and Solomon was aged two and one half years. The marriage was not a happy one which was fraught with constant problems. Five months prior to the fateful day of 4 July 2009, the prisoner decided to commit suicide. She also decided to take the lives of her children because she could not cope with the problems her husband had caused over the years. On 3 July 2009, late in the evening at about 11:00 o’clock, the prisoner had her children dressed up including herself and told them that they were going to see a relative at Warakum. She brought her children to Warakum and waited at the side of the river. At about 4:00 o’clock in the early hours of the morning of 4 July 2009, she put into action her plan. At that time, Solomon was already fast asleep. She picked him up and threw him into the river and drowned. She then picked up Naomi who was also sleeping at the time and threw her into the river and she also drowned. She then grabbed Angeline and Tresy by their arms and forced them to jump into the river with her. The two children drowned, but the prisoner was swept to the side of the river by the current and survived. She reported the crimes to the police and surrendered to them. Villagers from the Warakum area including relatives were alerted by police and a search was mounted. The bodies of the deceased children were found in the river. By doing so, the prisoner intended to kill or cause the deaths of the children.

ANTECEDENTS

4. The prisoner is originally from Ulka in the Nebilyer District outside Mt. Hagen in the Western Highlands Province, subsistence farmer. She has seven other siblings. Her parents are deceased. She was very young when her mother died and her father died a couple of months prior to her committing the crimes. Her mother was allegedly murdered by her father. During the time when her father was detained for that crime at Baisu Correctional Institution, she was brought up under the care and discipline of her older siblings. She married Onda Anis of Kuia also in Mt. Hagen in 1999. She has been residing in Kuia since her marriage. The victims were the only children from the marriage. She is a member of the Roman Catholic Church. She is illiterate. She was aged twenty eight years when she committed the crimes. She is currently in good health. She does not have any prior conviction.

PRE-TRIAL DETENTION

5. The prisoner voluntarily surrendered to the police here in Mt. Hagen on the morning of 4 July 2009 after spending some time with some Southern Highlanders following the commission of the crimes. She has been in custody since. She is currently remanded at Baisu Correctional Institution. She would therefore have been in custody for a total of one year, six months, two weeks and one day at the date of sentence.

ALLOCUTUS

6. When the prisoner was given the opportunity to address the Court in accordance with s.593 of the Code, she said sorry because what she did was wrong. She also said sorry specifically to the deceased children, the government and the Court. She also said that her husband had caused her to do what she did and she was not entirely to be blamed. She went on to say that she will accept whatever penalty the Court intended imposing for the crimes she committed.

PRE-SENTENCE REPORT

7. The pre-sentence report prepared by the Probation Service, Probation Officer, Lilly Songoa is a comprehensive and detailed one and I thank her for her effort. The report contains information from the police and views of a number of persons interviewed by the author of the report including the prisoner. Apart from the prisoner, others interviewed include; Leo Meninga, a community leader and a relative; Lina Anis, the prisoner’s mother in-law and the children’s grandmother; Anis Wurr, the prisoner’s father in-law and the children’s grandfather; Pastor Isaac Bakri of the Togoba Local Church, community leader; Pastor Petrus Komel of the Tiki Assemblies of God Church, community leader; Councillor William Noki, the prisoner’s cousin; Thomas Koim, the prisoner’s elder brother; and John Anis, a catechist from the St. Paul’s Parish, Kuia. I have perused the report and take note of the views expressed by the interviewees, the description there of the circumstances under which the prisoner committed the crimes, the assessment made about the prisoner and the recommendations of the author of the report. I summarise the views of the interviewees below.

8. Leo Meninga stated...