Kaiwi to face lesser charge

By BOURA GORUKILA
BHOSIP Kaiwi will face the lesser charge of murder than wilful murder of his partner Jenelyn Kennedy after the Waigani Committal Court amended it yesterday following an application by the police prosecution because there was no evidence of an intention to kill.
The change means that Kaiwi will not face the death sentence but life imprisonment if found guilty.
Magistrate Tracy Ganaii accepted the amendment after police prosecutor Sgt Joseph Sangam submitted that the charge of wilful murder, which Kaiwi was initially charged with, be substituted with murder because according to the evidence provided in the hand-up brief, there was no intention to kill.
“Like we indicated (on Monday), we would like to make an application to have the charge amended from wilful murder to murder,” Sgt Sangam said.
“Our application now is to withdraw the original charge of wilful murder and substitute that with the charge of murder.
“Due to the fact that the evidence contained in the file that the defendant was served with, there is evidence for murder.
“Therefore, it is our application to substitute the charges, substituting the original wilful murder to murder.
“Section 32 of the District Courts Act allows for substitution which talks about making an amendment to a charge in form or in substance where the evidence warrants.”
Magistrate Ganaii ordered that information bearing a count of wilful murder under Section 299 of the Criminal Code Act (CCA) be withdrawn and ordered for the matter to proceed on the new charge under section 300 of the CCA.
“In this case, the prosecution submitted that the evidence on file warrants a lesser charge,” Magistrate Ganaii said.
“On that basis, he submits that the information be withdrawn and a new one be filed.”
She informed Kaiwi’s lawyer to file submissions in relation to the charge of murder.
The matter returns next Tuesday for both parties to speak on submissions on sufficiency of evidence.
Kaiwi was alleged to have between June 18 and 23, tortured his partner Kennedy at his home at Section 7, Allotment 6, Pipigari Street, Korobosea.