Dispute then shooting

By BEVERLY PETER and SCHOLAR KASSAS
WHILE Moresby North-West MP Lohia Boe Samuel was denied bail by the National Court for murder, his co-accused and protocol officer Fabian Hera (also known as Fabian Hera Taunakekei) was freed on K5,000 bail on the same charge.
And police have alleged that Samuel shot his campaign coordinator Robert Jerry, 38, following a disagreement at a dinner discussion on March 11.
According to the police summary of facts tendered in court, Samuel and Fabian were having dinner in a restaurant in Waigani at about 8pm.
While discussing some issues, a disagreement must have arisen and Samuel allegedly drew his licensed firearm, loaded with five rounds of ammunition, and shot Jerry on the right side of his neck under his ear.
The bullet exited Jerry’s back close to the left, killing the father of seven almost instantly.
Samuel allegedly put the weapon on a seat, stood up, banged the table and yelled out Fabian’s name twice saying, “Fabian why did you do that, why?” and he walked out.
Fabian stood there with his hands on his head looking lost.
A witness, Daniel Oaisa, who was seated close to them heard the gun shot, stood up and quickly went to pick up the pistol which was left on the seat pointing towards where Fabian was sitting.
Oaisa got the pistol, walked out and cleared the weapon with one bullet in the chamber.
Another witness, expatriate Lydia Kailap, who was having dinner with her family, went to try to help Jerry while calling others to help while waiting for the ambulance.
Samuel allegedly walked out, got on his vehicle and drove away.
The ambulance arrived and the paramedics tried to help but Jerry had died.
The police CID Homicide Squad and the Forensic Science crime scene examiner then arrived.
They spoke to Fabian, then went on to seize the murder weapon from Oaisa and photographed the crime scene.
Samuel then returned and told the police that he went to let Prime Minister James Marape know about the shooting but the premier was out. Police obtained Samuel’s details and was advised to go home and report to the police when required.
In the National Court on Friday, Samuel’s bail application was refused due to the seriousness of the charge and that his bail reasons were invalid.
Samuel and Fabian were charged with one count of murder for allegedly killing Jerry on March 11 and were arrested and detained on Thursday.
Judge Teresa Berrigan said whether or not Samuel shot Jerry was a trial matter but the facts alleged in this case were very serious, involving a serious assault, and the use of an offensive weapon, in a public place, in the presence of the public.
“I am not persuaded that any of the matters raised by Samuel, on their own, or in combination demonstrate that his continued detention is not justified,” she said.
“The facts are poorly drafted that an argument ‘must have’ taken place before the shooting whilst what obstructed the shooting is not clear.
“The facts speak to a thoughtful, if perhaps Samuel unplanned shot Jerry on the vulnerable body part (neck) using his own pistol at close range, put the pistol pointing towards Hera before fleeing the scene and afterwards, cooperated with police when required to,” she said.
Judge Berrigan said she considered Samuel’s application and acknowledged his stand in the community but trusted that his office would be able to make appropriate arrangements for the handover of State-funded assets to the intended recipients.
“While I appreciate that this is a critical time as Samuel’s term comes to an end before the next election, that must be balanced against the seriousness of the alleged offence.
“Similarly, Samuel’s detention may impact upon his family, highlighting Samuel remains innocent until proven otherwise, the courts have made it clear that the impact of detention on an applicant’s family is an unfortunate but inevitable consequence of the criminal process and not normally a matter warranting bail.”
Defence lawyer Edward Sassingian applied for bail on the grounds that his family was financially relying on him and that his detention would prevent the handover of three vehicles for Gerehu police station and two ambulances for St John’s Ambulance, all bought under his district development authority.