Judge withdraws guilty plea for self-defence

National

A JUDGE has ordered that a man charged with unlawfully killing another man withdraw his guilty plea and go to trial pleading self defence.
In the National Court in Port Moresby, Judge Danajo Koeget said the accused, Kaiva Hopa from Lepakera village in Ihu, Gulf, had acted in self-defence when he caused the death of victim a year ago.
Justice Danajo Koeget said the case seemed like an act of self-defence and provocation and ordered that Hopa’s guilty plea be withdrawn and the case go to trial.
He said lawyers representing the State and the defence should study the law properly then decide on how to go about the case.
He told the court that from the statements made by two witnesses and the accused, he felt the accused had acted in self-defence when his victim attacked him with two knives in both hands.
Justice Koeget told the court that the accused had had a fight with the victim earlier that day, and later on the victim provoked him again by charging at him with two knives.
He said because his life was in danger, the only recourse left to the accused was to defend defend himself.  “In other words, in law, he was raising the defence of self-defence and provocation,” Justice Koeget said.
“In the Criminal Code Act, there is
such a defence available called self-defence.”
The State said the incident took place on Nov 6, 2016, at Lepakera village in Ihu, Gulf.
The victim was stabbed on the neck and chest. The victim died from loss of blood.
The accused will be remanded in custody at Bomana Jail until his trial on Nov 21.

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