Kaiwi transfer rejected

The National Main Stories

By BOURA GORUKILA
A COURT has rejected an application by Bosip Kaiwi, who is facing a wilful murder charge, to be moved for his safety and security, from prison to a police station cell.
But Justice Panuel Mogish told Kaiwi, represented by lawyer John Sebby of Jopo Lawyers in the National Court at Bomana yesterday, that he could re-file an application for bail.
Kaiwi, 25, of Minj village, South Waghi, Jiwaka, is facing a charge of wilful murder following the death of his partner Jenelyn Kennedy on June 23 at their Korobosea home in Port Moresby.
He is being remanded at an isolation facility at Bomana Prison.
His next court appearance is scheduled for July 30.
Justice Mogish dismissed the application filed by Sebby after Solicitor-General Tauvasa Tanuvasa submitted that it had failed to follow proper processes, thus was incompetent.
Justice Mogish told Kaiwi: “If your lawyer wants to re-file a bail application, that’s something for him to work on based on your instructions.
“But in the meantime, I will dismiss the proceedings for reasons stated by Tanuvasa and allow the normal administrative proceedings to take its course.”
Tanuvasa explained that in such “human rights” applications, there was a form to be filled which should be filed with the application.
“In this case there was nothing filed.
“So it was fundamentally flawed at the beginning,” Tanuvasa said.
“The notice of motion which they filed also seeks orders which are in our view does not have any foundation based on what I’ve said.”
Tanuvasa said the application was also asking the court to usurp the powers of the Correctional Service Commissioner in relation to the “fair treatment of prisoners”.
“So again he is asking the court to intervene in that (which is not right),” Tanuvasa said.
“The motion was asking that there were breaches.
“Normally you will go through the due process, where you ask the other side to provide evidence, then you argue it in a trial.
“That’s when the court will make a finding whether there were breaches or no breaches. You can’t ask for that in a notice of motion.
Tanuvasa said Kaiwi would be treated like any other person charged with wilful murder.
The proceedings was dismissed with costs awarded to the defendants including the Correctional Service, police and the State.

20 comments

    • Human rights law should be emphasis on those who live like human beings not on those who live like animals or don’t have respect for human life

      • Human Rights law is for human beings. Do we have an Animal Rights law?

  • Law must be transparent in cases like this please. When the helpless victim was suffering there was not mercy upon her life but the torture she went through was meant for her to suffer while Kawi watched and made sure she suffered to her death. It was terrible and Kawi had no feelings at all even stating that he was 2nd to Lucifer. He should stay at Bomana with the other prisoners and fight the real men at Bomana. Em man tu ya, larim em stap wantem ol man na bekim han blo ol and stop whinging.

    • Judgement should be without mercy to the one who has shown no mercy. This is biblical. Read James 2:13

  • But wait, now the court is giving him an option to fill a proper form so that his Human Rights will be recognized and his Safety will be considered and he can be moved back to Boroko Cells. Does that make sense at all, legal systems? What about the human right of the Lady that lies 6 feet underground? How does his human right compare to that of his late partner.

    I think the most appropriate answer is; NO TRANSFERS!!!PERIOD!!

  • Every man has a conscience.
    Every time we have an argument witb our partners and when it turns physical, we ALWAYS stop at some point in time.
    But you my friend, you barely have a heart. You do not have a mind too. You’re a body without a soul. You do not feel, you don’t semse and you don’t care.
    Why care now???????

  • why is Kaivi fearing for his life?? does he has that same feeling when he brutally traumatized and killed his wife?
    Judge should not allow options here just let him be treated like any other murderer and same him into the common jail

  • Law is for all..,Regardless if you’re Rich, Poor, Black or White.
    We all have Mothers, Sisters and Daughters, there’s no special treatment for an offender who commits crime.
    Our brothers are all up there serving time for the crime they did.
    Revoke/ Reject his bail application and let him serve time as a real a man.

  • Why is this guy given more attention and talking about his so called safety and human rights? There are men in the common jail where they also committed similar offence like Kaiwi. It seem like we are living in a country where money dictates everything.
    He is not even a foreigner. He’s a PNGn and can mingle around with the common inmates.

  • This culprit must be treated fairly like any other person charged with wilful murder.

  • Every person has the right to have full protection of the law regardless of what crime is committed. Bail is one right that an offender has excess to. Hence , there in no special preference give here , it is just the normal process that needs to be complied with by the courts. However , granting of bail to an Accused pretty much depends on the culpability and the nature of the crime. In this case , the premeditated nature of the crime , intentionality and deliberately committed over a period of times causing the deceased to suffer a painful and slow death is a worse agrivating factor against the Accused. Hence , the Accused does not stand a chance of getting bail.

  • Do not support this senseless animal. Let him die also in the jail. He has already damaged families and put bad image for PNGans and the country is already damaged.

  • I totally agree (concur) with you JoJo:
    Boroko cell is not a holding cell to keep prisoners for a much longer period of time (Whoever gets in there gets out before a week).
    Since his next court appearance is going to be in two weeks time, he is better suited to stay in Bomona and face the consequences of his so called heroic actions.
    “Bipo em man, Nau em tanim baby na pilim ha”

  • Man blo pait na kilim meri ya…… Bombex is for real men so boy, face it. You are too good for a “Soap Wara & Punching Bag”…. be a man and fight back.

  • He deserve to be in the prison like others that on murder cases.
    Justice must be fair, NO BAIL would be much better.

  • He deserved to be in prison for life..law is for everyone and it as to maintain.He is man not a woman,let him face the consequences.

  • Jenelyn is now in a better place. She was always and will forever be better than you. You were not man enough for her.

    Time to face your reckoning like a man. So stop complaining.

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