Man who cut off head gets 40yrs

The National National

By TREVOR WAHUNE
A man, who beheaded another, was yesterday jailed for 40 years with hard labour at Bomana Prison but the judge said a death sentence would have been appropriate.
However, Judge Panuel Mogish applied his discretion to jail Blackfort Bill, 30, from Popondetta, who was found guilty of the murder of Brenton Awai on March 27, 2016 at Musa Block, Brown River in Port Moresby. Bill was convicted on the May 15th.
Justice Mogish described the case at the Waigani National Court as one of the worst.
“A death sentence would have been appropriate as it is the penalty for wilful murder pursuant to S.229 (2) of the criminal code,” he said.
Justice Mogish, however, used the court’s discretion under the code that the death penalty remained the maximum sentence for murder but was still discretionary.
Bill beheaded Awai just after midnight when he was drinking alcohol with him and an associate, Ian Bitara, under his house.
Justice Mogish, when reading Bill’s charge, said while drinking, Bill uttered abusive words to his wife, then walked up into the house and started arguing loudly with her.
This caused Awai and Bitara to leave the house.
“When Bill returned, he did not see them, this angered him so he called to Awai to return to his house, but Awai began to walk away,” the judge said.
“Bill went back to his house and took a torch and a bush knife then ran after Awai, caught sight of him and called him.
“As Bill came close to Awai, he flashed the torch at Awai’s face and then switched it off.
“At the same time, he swung the bush knife at Awai’s neck, cutting off the head.
“Awai’s head fell some distance away from the body,” He said.
“The look on the deceased face showed he was taken by surprise.
“This is the first time I have come across such a killing. This is the type of killing soldiers do to spies, like in the movies.
“We are in the 21st century where such killings in societies have been lessened, but Bill is evidence that it still occurs.”
During mitigation, Justice Mogish took into account:

  • Bill’s lack of previous convictions;
  • took less weight on his expression of regret since it was too late and not genuine; and,
  • placed less weight on his character reference, stating he was church-abiding and responsible person.

Justice Mogish imposed the sentence considering that Bill was intoxicated and that his judgment was irrational at the time of the killing although there were no medical records to support he conclusion.
He said the only evidence established was that Bill and Awai were drinking alcohol at the time of the killing, and it was safe for him to arrive at the judgment.
The court ordered that two years, two months, and a week of his time in custody be deducted from the sentence.