Murder trial set for MP

By GEORGINA KOREI
MORESBY North-West MP Lohia Boe Samuel and co-accused Fabian Hera will face trial on one count each of murder over a shooting incident in a Port Moresby restaurant in March.
Committal Court Magistrate Paul Puri Nii said there was sufficient evidence provided by police to commit both to a trial in the National Court.
“In my calculation of evidence, I have distinguished that the primary allegation in the police information and the summary of fact is about Lohia Boe Samuel, but Hera was arrested under section 7 of the criminal code for not revealing materials about Samuel,” he said.
“The prosecution and the defence submitted that only Hera will be committed to trial based on his confessional statement. But I have assessed and found indirect evidence for Samuel. So both are committed to stand trial.
On March 11, between 7.15pm and 8pm, Samuel, 52, from Motu-Koitabu’s Elevala village in the National Capital District, and Hera, 26, from Koukou village in Motu-Koitabu, were having dinner in a restaurant in Waigani with Robert Jerry, 38, from Bulolo’s Lagi’s village, Morobe.
A disagreement must have arisen before Samuel allegedly drew his licensed gun and shot Jerry on the right side of his neck.
It was further alleged that after the shooting, Samuel put the pistol on the seat, stood up, banged the dining table and screamed out: “Fabian, why did you do that?” He then walked out of the restaurant leaving Hera standing there looking lost.
Police said Daniel Oaisa who was in the restaurant rushed over and grabbed the pistol.
An ambulance took Jerry to the mortuary.
Nii said there were two dissimilar submissions for both accused through their lawyers.
“Samuel’s submission was filed on Aug 22, 2022 by Sasingian Lawyers, and Hera’s submission was filed on Aug 15, 2022 by the Office of the Public Solicitor lawyer Fredrick Kirriwom.
Samuel submitted through lawyer Sasingian that there was no eye witness or undeviating evidence of the alleged killing and the identification of who shot the deceased.
It was also submitted by Samuel’s lawyer that Hera made a confessional statement, admitting that he committed the shooting.
However, Hera through his lawyer Kirriwom submitted that the evidence against him was exclusively circumstantial.
Magistrate Nii said: “With reliable evidence, I have cautiously dignified and noted there is no uncertainty that on March 11, 2022 between 7pm and 8pm, there was a shooting involving the defendants and the victim.
“I have read each and every statement and observed no uninterrupted evidence joining neither defendant, Samuel nor Hera, to the allegation.
“All witnesses said they heard the gunshot and saw the defendants and the victims at the scene.”
“Moreover, when events leading to and during the allegation were carefully accessed and there is a strong case of circumstantial evidence connecting both defendants to the allegation.”
The case is adjourned to Oct 31 for Section 96 declaration statement from the defendants and their bail was extended.