Murder case drags on

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By BOURA GORUKILA
A COURT has given police three more weeks to submit their case on Bosip Kaiwi’s murder charge, failing which his lawyer will be allowed to apply that it be dismissed.
Kaiwi, 25, of Minj, South Waghi, Jiwaka appeared in court for the third time yesterday since his arrest on June 25.
He is charged with the wilful murder of partner Jenelyn Kennedy, the mother of their two children, on June 23 in Port Moresby.
Magistrate Tracy Ganaii yesterday told police prosecutor Chief Sergeant Polon Koniu at the Committal Court in Waigani that the three months normally given to police to complete investigations would end on Sept 30.
She therefore adjourned the case to Oct 1.
Koniu submitted in a court a letter from investigating officer Detective Senior Constable Yaku Gwampom seeking another adjournment.
Gwampom explained in the letter that the investigation was taking too long because of the Covid-19 restrictions and that he needed more time to:

  • GET a doctor’s affidavit and interview one more doctor;
  • GET photos and statements from the forensic crime scene examiner;
  • COMPLETE editing of statements;
  • GET statements from other witnesses; and,
  • GET CCTV footage from the Port Moresby General Hospital.

Kaiwi’s lawyer Samuel Inisi of Inisi Lawyers did not object to the adjournment but indicated that he would submit “appropriate applications” on Oct 1 if police files were still not ready then.
Magistrate Ganaii said she allowed the adjournment because the three months police were allowed to complete investigations had not lapsed.
“If a case goes past three months, by practice, the defendant is automatically entitled to be discharged, unless the prosecutor have very good reasons to justify why there should be a further adjournment,” she said.
“The court has received that letter and considered that there are more work to be done on the investigations.”
She noted defence lawyer Inisi’s comments that he could ask the court that Kaiwi be discharged for want of police file on Oct 1.
“The court will consider the application when it’s made at the appropriate time,” she said.
Kaiwi was alleged to have between June 18 and 23, tortured his partner.
She died on June 23 after five days of alleged assault.
Her body was left at the Port Moresby General Hospital where a doctor pronounced her dead.
Kaiwi was arrested and charged on June 25.

17 comments

  • How difficult can the listed items can be to get – these shouldnt take 3 months to complete and have at hand to prosecute the case – come on incompetent and lazy police investigators? Dont use the COVID-19 restrictions as justification because its doesnt prevent you at all from retrieving all these documents..

    Pull up your game and get these documents and proceed with the case – the last thing we want to hear on this case is it gets thrown out because police cant provide the documents on time. This case needs justice that it deserves and shouldnt be dismissed because of pure police incompetence and laziness!!

  • The perpetrator have the money so he will bribe the police and they will not do their investigation within the given duration and this will eventually lead to the dismissal of the case.
    This is PNG!

  • If the case gets thrown out, does the police person involved with the case get demoted/sacked or reprimanded for the injustice caused to the victim and the victim’s family? One cannot accept the incompetency of the police and call it fair. The Police Officer concerned should hang his/her head down in shame. Where is the justice in this!

  • Everybody knows that his a murders and needs to be persecuted as soon as possible without any delay.
    Come on police let justice prevail to the family of the late JK. Am very sorry for the case to be thrown out because of the incompetent policeman

  • Goodness: like always PNG Justice System will protect ONLY the Rich and Crooked!!
    Where is this going people-it is obvious that this case will be dropped and the murder be freed.
    INSANITY at its WORST in PNG Justice Sector!

  • The police officer who is task do this murder case must be playing hide and seek and delaying all this investigation papers, Are they qualified to carry out their investigation duties, if no something is wrong along the line, Please Police Commissioner and Police Minister do something so that justice should prevail. A life of a human being has been taken away. We must not compromise our legal oath but act quickly so that the murderer will not allow to be let out and roam the street of PNG and be seen as a winner defeating the law of justice. Act now and don’t play any delay tactics. Over to you… Police Commissioner /Police Minister

  • Maybe we need a National Bureau of Investigations made up of top investigators and forensic scientists. They should handle all serious crimes including murder, narcotics and robbery. This is a slap in the face for the PNG justice system.

  • Allegations on delaying investigations, incompetence of police officer compiling investigation reports for the court could be could be a cover page of more sinister dealings. Bribery could be one part!!

  • Because of bribery game, believe this person will be released,police and Judges, If this was one your own daughters, do you think you can be proud and dance in front of that stupid murder when he is released.
    If this person is released then the police prosecutor and judge will be guilty for rest of their lives until they die and go to hell for not doing right thing.

  • Why do you need so many documents! prosecute based on who was living with her; the baby sitter and so forth – living testimonies and speak louder and evidence on body at the time of her death…Our bloody system is corrupt…send the bloody person to Life Imprisonment!

  • Although collecting of information through investigation is not an easy task as one may be thinking. However, the police office are trained and equipped for that kind tasks which can be done using their innate abilities. they are even paid for that tasks and professions. How can that happen?
    Why there is the delay? when officers are not occupying those officers on merits and nepotism involved in employing people may result in such poor productions of results.
    The case for B. Kawi has got the attention of the international community and collection of informative evidences should have been done within a month or so.
    why taking too long? Bribery, laziness or no funds available? If PNG can show weakness in such case then our society would be full of murders and rapists.

    Just a piece of comment only.

  • Dear Magistrate Tracy Ganaii, formalities, procedures, rules and court processes do not measure the level of pain the relatives of the deceased are going though now, and if the case is thrown out, her relatives lost Jenelyn, they also lost the case, they will now lose confidence and thrust in the legal system of this country. We are all losers and that includes you too.

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