Judge raises concern over trial evidence

THE judge presiding over the case of the death of a former Miss PNG has raised an issue concerning the trial evidence.
Justice Teresa Berrigan, in the Waigani National Court, yesterday questioned lawyers David Kuvi, from public prosecutions, and Frederick Kirriwom, from the public solicitor’s office, to assure her if there was a chance she could drop back to convict the accused Richard Namaliu using the normal manslaughter charge.
The issue raised was that Namaliu was charged with negligence manslaughter under section 302 of the Criminal Code, and the charges were read in conjunction with section 287 Criminal Code.
“That is why I am flagging this because I want to know if there is any possibility that if the State evidence does not make out, I can then drop back to use the normal manslaughter charge,” Berrigan said. Kirriwom, who appeared on behalf of Namaliu, told the court that he had filed submissions regarding that issue and was ready to proceed.
However, Kuvi told the court that although he was ready to respond to Kirriwom’s submissions, he did not consider the issue raised.
Kuvi asked for a week’s adjournment for him to consider the issue raised by Judge Berrigan.
Judge Berrigan adjourned the matter to Monday, for both parties to help the court on the issue before proceeding to make submissions on the verdict.
Namaliu, 28, from Raluana village in Kokopo, East New Britain, was charged with manslaughter for the cause of Ruby-Anne Laufa’s death on Feb 11, 2017. Namaliu was alleged to have driven to Laufa’s home at Fort Bena in the University of PNG staff residential area and picked her up at around 10am, allegedly drunk.
State witnesses alleged Namaliu punched Laufa several times in the car before her body was found unconscious beside a road next to University of PNG oval.
Namaliu, during trial said he and Laufa had argued over him reactivating his Facebook account when she (Laufa) became violent and slapped and kicked him in the car.
Namaliu claimed to have punched Laufa only once using his elbow to calm her down, but seconds later he was surprised Laufa had already opened the door and jumped out.
He claimed he was late to react to Laufa’s move because he was driving at the time.