Killing not meant: Judge

By CHARLES MOI
A COURT has jailed a policeman to eight years after he shot dead a man who was allegedly involved in an armed robbery in West New Britain in 2020.
Judge John Numapo, who presided over the case in the National Court in Kimbe on Wednesday, told Const Darryl Yakali, of Avatip village in East Sepik’s Ambunti, that this was a case of “who presses the trigger first.”
Numapo said Yakali had to act quickly to bring the situation under control.
“What I find in favour of the prisoner (Yakali) is that the killing was not pre-meditated,” Numapo said.
“He had no intention to kill the deceased.
“He only tried to disable them from escaping further or attacking him as dangerous weapons namely, a knife and a homemade shotgun, were found in their possession.”
Yakali will serve his eight-year jail term concurrently with a term of 20 years that he is currently serving on an earlier charge of murder.
The court heard that Yakali went to Kulungi Beach at the border of Kulungi village and Laleki Settlement in Kimbe, on July 1, 2020 between 9am and 10am.
Yakali, who was attached to Kimbe’s Criminal Investigation Division (CID) at that time, had responded to a public motor vehicle (PMV) truck driver who was robbed near Gigo Primary School.
When Yakali arrived at the scene, Linus Francis and Gregory Gaulim with other suspects fled towards the Kulungi Beach.
Yakali gave chase and shot Francis on the left leg, and shot Gaulim on his right leg.
Gaulim survived his injuries while Francis died from a loss of blood.
Gaulim denied committing robbery and, said they ran away because they were “scared of the police”.
Yakali was initially charged with one count of murder.
However, the evidence at the trial did not support the elements of murder therefore, Judge Numapo in the exercise of his powers under section 539 (2) of the Criminal Code, convicted Yakali of a lesser charge of manslaughter.
Numapo in his decision on sentence added the Yakali’s attack was not pre-planned.
“Shooting occurred in a hot pursuit. (The) deceased (Francis) and his accomplices were involved in a suspected armed robbery.
“They ran away when the police arrived at the crime scene and were chased. Deceased and his accomplices were armed with dangerous weapons namely, knives and a homemade shotgun, and were a threat to others, including the police,” Numapo said.
He added that Francis and his accomplice failed to cooperate with police and take orders to get into the police vehicle.
“Had they cooperated with the police, this would not have happened.
“The prisoner (Yakali) was a lone policeman in a settlement area notoriously known for attacking police officers.
“Without the backup and manpower support from his colleagues, the prisoner was placed in a very risky situation.
“He had to act quickly to bring the situation under control.
“He did so by shooting the deceased and his accomplice on their legs to effectively stop them from escaping and secondly, to disarm them as both were armed with dangerous and offensive weapons.
“Our policemen and women worked under very difficult circumstances and at times, in the face of extreme danger to keep the community safe.
“Their tireless efforts in keeping us safe must not go unrecognised,” Numapo said.