Cops cleared of Kapris’ death

THE National Court cleared two policemen of wilful murder charge for the death of William Kapris and another escapee in Central 10 years.
Judge Panuel Mogish at Waigani on Friday when clearing Constable Jeffrey Kifoi and Constable Tony Kande said the charges against them were without legal bases and unconstitutional because it was made against the former Police Commissioner’s directions.
“Therefore, the proceeding brought before the committal court were defective, null and void and that there was no lawful committal and so no lawful indictment can be based on it,” Judge Mogish said.
He made this order following an application by Kifoi and Kande to strike out the information on the two counts of murder against them saying that it was laid to prejudice and embarrassed them in their defence to the charge.
Kifoi and Kande were charged based on the allegations that on July 22, 2013 they recaptured Kapris and Raphael Walamini at Gabadi village in Central and killed them.
Kapris and Walamini had escaped from Bomana prison on May 14, 2013.
Kapris at the time was serving his 34 years’ jail term at Bomana for a string of robberies and other charges still pending.
Walamini was serving his life year jail and had another murder charge against him pending.
Both of them with few other inmates escaped from custody at that time and were caught on their way to Port Moresby and allegedly shot dead.
Police in 2013 then requested the coroner to conduct a colonial inquest based on the reason that the deceased persons had died from a shoot-out with the police who were out to capture them.
Four years later, police received a letter from the coroner’s court with the coroners orders that the Statutory time limitation of 12 months for a colonial inquest had lapsed.
The coroner then closed the file and issued a certificate that an Inquest would serve no purpose.