By JOSHUA ARLO
THE Supreme Court has ordered a man convicted of murder by a National Court three years ago to be tried again and by another judge.
In upholding Fred Bukoya’s appeal, the Supreme Court ruled that the trial judge should not have admitted affidavits if the credibility of the witness or the evidence was questionable.
It said in the interest of justice, the prison sentence should be set aside and the accused should be given a new trial before another judge before the end of February.
Bukoya, who was sentenced to 10 years’ jail, however, was ordered to remain in custody pending trial and any application for bail.
The Supreme Court which sat on Oct 17 consisted of Justice Mark Sevua, Justice Panuel Mogish and Justice Greg Lay.
On July 14, 2004, a National Court found Bukoya guilty of killing an illegal miner at the Porgera Mine Field, Enga where he worked as a security guard.
He appealed against the conviction on 32 grounds, submitting, that the trial judge ought not to have received statements by consent because doing so deprived him of a fair trial.
He said it also deprived him of the opportunity of cross-examination of the witnesses in the witness box.
It was revealed that on Feb 23, 2002, Bukoya and other security guards were ordered to apprehend a group of illegal miners.
They split into two groups – one was led by chief duty officer Pitu Lapai and the other by Bukoya.
Bukoya armed with a shotgun, was to manoeuvre the illegal miners to an area where the other team could apprehend them.
When Bukoya encountered the group, he fired his shotgun twice into the air and another three shots at the miners, killing Yandari Pyali.
Bukoya admitted that he was the person who fired the shotgun, killing Pyali.
His counsel had argued that the illegal miners were armed, had threatened the guards and despite the warning shots, headed towards Bukoya and his team.
Bukoya had testified that he acted in self-defence.