Court refuses self-defence plea

THE National Court rejected a man’s plea of self-defence yesterday and found him guilty of murder.
Justice Panuel Mogish ruled that Wesley Paia, 42, fromKikori, Gulf, had intent to wound and kill Morgan Agau.
Mogish said Paia needed to establish that he was assaulted by Agau and acted in self-defence resulting in Agau’s death.
Paia claimed that he was outnumbered and acted in self-defence when he was hit on the head with a piece of wood by Agau’s wife and fell.
However, police investigations revealed that Paia was the aggressor who started the argument leading to the fight and eventual death of Agau.
Mogish said Section 269 (1) & (2) of the Criminal Code Act required Paia to establish that he was assaulted first and did not provoke the assault, acting out in self-defense using reasonable force to justify his claim.
“Paia could not establish his claim as evidence from witnesses did not indicate that Paia was assaulted first,” he said.“Paia also displayed actual intention to kill Agau from the circumstances of the case.
“On the issue of intention, there are parts of the story when put together showed you had intention to kill Agau.
“The fact that you were angry with the deceased and moving from Boroko to Kaugere armed with an offensive weapon and the place where you stabbed the deceased showed an intent to murder.”
The murder was committed between midnight and 1am on Sept 22, 2016, in Kaugere, Port Moresby.
Paia was drinking with Agau in Agau’s residence in Kokoba Street, Kaugere, when an argument broke out between them over a PMV truck.
Mogish fixed Tuesday for sentencing.