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Wednesday July 11, 2007
Man convicted for robbery


By PETER MIVA
THE National Court in Lae yesterday ended a day of drama with the conviction of a prisoner who forced the court to hold a trial on one count of armed robbery but admitted to the charge while giving his own evidence.
The dramatic day of events started at 9.30am yesterday, when Jack Dama Redstone, 21, from Kaupusus village, Chuave, Simbu province, appeared before Justice Nicholas Kirriwom and pleaded not guilty to the arraignment despite advice from his lawyer Mwagawa Mwawesi to plead guilty.
This forced the lawyer and the arresting police officer to search for the key witnesses, who had been advised to leave the court because the prisoner was expected to admit to the charge.
Justice Kirriwom briefly adjourned the court and warned the lawyer to find the witnesses before 1.30pm and told him that it would have been better to keep the witnesses until after the prisoner had entered a plea in the case that prisoners could change their pleas in the last minute.
When the court resumed at 1.30pm, three witnesses turned up to give evidence that the prisoner was among others who were armed with home-made guns and bush knives and robbed a Seeto Kui delivery truck driver and his crew, who were unloading store cargo worth K2,000 to a trade store at Kaisa Street, Bumayong in Lae on March 13, 2004.
Justice Kirriwom then discovered that there was a confessional statement by the prisoner after the three witnesses had given evidence when the prisoner was about to give his own evidence.
A frustrated Justice Kirriwom adjourned briefly to ascertain the true nature of the prisoner’s plea as it was no use running a trial when the prisoner had already tendered a confessional statement.
After the court resumed, the prisoner, adamant that he was not guilty, admitted that he had taken part in the robbery but denied that he did not join the others in driving the delivery truck away.
Justice Kirriwom told told the prisoner that the robbery had been completed and the driving away of the delivery truck was unrelated to the charge.
The judge subsequently found him guilty and reserved ruling on sentence to 1.30pm today.

           


 

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