Namaliu’s appeal dismissed

THE Supreme Court yesterday dismissed an appeal by Richard Namaliu against his manslaughter conviction because all 12 grounds of the appeal failed.
Justice David Cannings, in delivering a decision by a three-man bench comprising himself, Justice Derek Hartshorn and Justice Makail, said the guilty was neither unsafe nor unsatisfactory for purposes of section 23 (1) (a) of the Supreme Court Act.
“No miscarriage of justice occurred under section 23 (2) of the Supreme Court and affirmed the March 18 National Court’s conviction,” he added.
Namaliu raised 12 grounds of appeal categorised as:
l ERRORS in finding of facts;
l ERRORS of law in rejection of appellants evidence finding a breach of duty for purposes of section 278 and finding that the breach of duty resulted in the deceased’s death;
l ERRORS of law in rejecting defences of mistake of fact and extraordinary emergency; and,
l ERROR of law in finding the appellant guilty without recourse to section 278.
Justice Cannings dealt with all the grounds and dismissed them because all the grounds failed.
It was held that Justice Theresa Berrigan assessed the evidence of four state witnesses who saw Namaliu assault his girlfriend, Ruby Ann Laufa, in a moving vehicle, there was no error of law in the trial judge’s rejection in Namaliu’s evidence in finding that he breached the duty of care owed to Laufa.