Nine get life for murder

By JIMMY KALEBE
NINE men were each jailed for life with hard labour by the Lae National Court yesterday for a double murder on Dec 20, 2014.
Acting judge Justice John Numapo ordered the nine to serve their sentences concurrently for the murders.
Sakarias Givikain, Ilau Gubutau, Matarap Yasam, Barnabas Buka, Sam Buka, Giamkisi Naptali, Naiman Yana, Francis Joe and Nicko Thomas Waikesa committed the killings in Mumeng’s Galawo village, Bulolo in Morobe.
According to court briefs, the nine, armed with bush knives, axes, fishing spears, sticks and stones, ambushed and killed Robert Nema, from Goroka, Eastern Highlands, and Andrew Tamai from East New Britain.
The court heard that the nine had accused the dead as being rascals, beheading and chopping up their bodies.
The body parts were then thrown into Watut River and were recovered days later by villagers living downstream.
State lawyer Joel Done, in his submission, said the case was classified under the category of “worst type of offence”, taking into account all the aggravating factors that overweighed the mitigating factors.
“This was a senseless killing of a worst kind with complete disrespect for human life,” he said.
“The most aggravating factor is that this was the most gruesome murder.
“The appropriate penalty is death under section 299 (2) of the Criminal Code Act.”
Defence lawyer from the Public Solicitor’s office Joshua Huekwahin, in his submission, agreed that the case fell under the category as stated by Done, but submitted that a lesser penalty be imposed on the prisoners.
“The (court) can exercise its discretion to consider a lesser sentence under Section 19 of the Criminal Code Act instead of the maximum penalty,” he added.
Justice Numapo then cited the sentencing on the murder case of Manu Kovi against the State (2005) SC 789, referred to as the Manu Kovi Guidelines.
He also considered the case of State against Imbuni (1997) PGNC 26; N1558 and State against Tumu Luna (2002) N2205 and others.
“The use of offensive weapons show that you have a strong desire to kill and is a vicious mob attack of a worst kind,” he said.
“The right to life is a fundamental right guaranteed under Section 35 of the Constitution.
“That means no person has the right to take away another person’s life.
“A life sentence is most appropriate for the charges and this would serve as a deterrent to the public as well.”