Kaiwi ‘lacks grounds’

By CLARISSA MOI
A COURT has heard that the charge of murder against Bhosip Kaiwi, who allegedly tortured his wife Jenelyn Kennedy to death in June 2020, was fair.
This was raised in the National Court at Waigani yesterday before acting Judge Laura Wawun-Kuvi through State lawyer Elizabeth Kave.
Kaiwi, through his lawyer Emmanuel Ellison, filed a notice of motion to set aside information on the murder charge against him because there was a breach in the committal process.
He also argued that when the initial charge of wilful murder was withdrawn at the committal court, Kaiwi was not discharged from custody.
Kave said the information on the murder charge against Kaiwi was proper and not defective because he was charged with murder after the information for the charge of wilful murder was withdrawn.
She added that this was because there was no objection from the defence and Kaiwi’s case was allowed to proceed through the committal process.
“Kaiwi is seeking discharge because he says he has been unlawfully detained and his constitutional rights have been denied,” Kave said.
“The State submits that this assertion is in without merit and so this application should and must fail.
“Kaiwi is in custody charged with an offence that is supported by evidence contained in the police hand-up brief.
“The allegations against him are very serious and so he must be called upon to answer for them.
Kave added that the criminal justice system was in place to ensure that justice was done not only to the accused persons but more so for the victims, their family, and for the people of Papua New Guinea.
The State asked the court to accept the findings of the lower court and allow trial to continue.
Acting Judge Wawun-Kuvi reserved her decision for Wednesday (June 22) and Kaiwi was remanded to Bomana prison.