Kaiwi to stand trial

By BOURA GORUKILA
A MAGISTRATE has ruled that there is sufficient evidence to commit the case of Bhosip Kaiwi charged with the murder of his partner Jenelyn Kennedy last June to trial.
Magistrate Tracy Ganaii ruled that the medical reports contained sufficient prima facie evidence to support the charge and the elements of grievous bodily harm.
Kaiwi, who is in remand, will return to court on April 16 to submit his statement on the ruling under Section 96 of the District Court Act (DCA).
Magistrate Ganaii based her decision on certain witness statements of the 36 submitted to court, and documentary evidence produced and relied on by police.
The documentary evidence includes a record of interview where Kaiwi remained silent, photographs taken by Kennedy’s relatives, a CD containing evidence of X-ray photographs with Kennedy’s broken arm, photographs taken by the family and sexual violence unit (FSVU), a medical report submitted to court for an interim protection order (IPO) issued by Port Moresby General Hospital’s FSVU, a copy of an IPO issued by the Waigani District Court and an autopsy report by Dr Seth Fose showing the cause of death to be from head injuries and bruised internal organs.
She also relied on another medical report by Dr Sam Yockopua showing external examinations and observations of Kennedy’s body, 80 photographs taken by the police forensics unit of the crime scene and the body of Kennedy before and after the autopsy.
Magistrate Ganaii said the defence had submitted that there was no direct evidence of elements of the offences, including intentions to kill and that statements were inadmissible pursuant to section 94C requirements of the DCA.
She said while some statements were irrelevant that was for a trial to determine and that the statements would help the prosecution in its case by establishing a history of domestic violence in the relationship between the deceased and the defendant.
Magistrate Ganaii also acknowledged the fact that Kaiwi had remained silent throughout the investigative process and refused to speak to police by way of an interview.
The defence also submitted that the autopsy report was inconclusive, explaining that the evidence did not determine what type of head injury the deceased sustained which may have caused her death and the supporting evidence of the intention to kill or do grievous bodily harm was not there.
“I have looked at the autopsy report by Dr Fose which states that the cause of death is from head injuries and bruised internal organs,” Magistrate Ganaii said.
“I find that there is sufficient evidence on identification, sufficient evidence on involvement and on intent to do grievous bodily harm, so on that basis, I find that there is sufficient evidence to commit the case to trial.”
Kaiwi, 25, of Minj village, South Waghi, Jiwaka, was alleged to have tortured his partner Jenelyn Kennedy last June between 17 and 23 at their home in Korobosea.