By JOSHUA ARLO
FOUR West Papuans charged with wilful murder of senior magistrate Ivo Cappo were denied bail “for their own protection” by the National Court in Waigani.
The seriousness of their charges, uncertainties of their stay in the country, and compensation demands against them by Cappo’s relatives were some factors for denying them temporary freedom.
The four are Arnold Kafair, 19, from Raur village; David Koivi, 19, from Pemoi village; Christopher Waromi, 23, from Ambai village; and John Dimara, 23, from Urfu village from West Papua. They remained remanded at Boroko police station.
The four accused and some others are seeking political asylum in PNG. They resided at 8 Mile, Port Moresby, until their eviction last September. They moved to Ela Beach and camped next to the United Nations building to protest their eviction and seek resettlement in another country.
According to court documents, Cappo, 55, was driving along the Ela Beach Road, Port Moresby, last Sept 20 at about 2am when the vehicle veered off the road and crashed into the makeshift tents where they and their people were sleeping.
Cappo tried to reverse back onto the road when the four, and another person, attacked him and his passenger. Rocks and stones were thrown at him leading to his death.
Greg Michael Konjib, lawyer of the accused, argued that they be granted bail to support their family and to continue their fight for international recognition.
State lawyer Luke Sebbie objected to this, saying they were refugees with no fixed address and may run away if bail was granted.
The nature of their charge was serious – it consisted of serious assault involving threats of actual violence; and that it is for their own protection to remain remanded in custody.
Last Friday, Justice Mogish said it was uncertain they remain in refuge in the country and that it was “those uncertainties that concerned” him.
He said with the maximum penalty for wilful murder, he could not rule out the possibility of their leaving the country to “avoid such severe consequences” as they had left their place of origin to come to PNG seeking political asylum and could leave anytime.
He also said that compensation demands against them by Cappo’s relatives confirmed his belief that they would be safe remaining at Boroko police station.
“The death of the deceased is still fresh with tensions still very high. Compensation is a big issue in this country and should not be taken lightly. Releasing them on bail may not be a viable option at this point in time. The court has the duty to protect the life of those granted bail,” Justice Mogish said.
He said they can apply for bail once investigations are completed or once there is a change in circumstances.