Yasause’s appeal dismissed, no merits

National
ource:
The National,Friday June 10th, 2016

 By DEMAS TIEN 
The Supreme Court has dismissed an appeal filed by former director of the Office of Climate Change Dr Theo Yasause against his conviction of murdering a national rugby league player in 2011.
A three-man bench consisting of Justice Sir Bernard Sakora, Justice Allan David and Justice Stephen Kassman unanimously dismissed Yasause’s appeal because he failed to show a clear error of fact made by the trial judge.
The National Court, presided by then acting judge Justice Lawrence Kangwia, found Yasause guilty of murdering former PNG Kumul Aquilla Emil at Waigani, NCD, on Feb 4, 2011.
The court sentenced Yasause to 20 years imprisonment with hard labour on Nov 29, 2012. Yasause filed the appeal against his conviction made on Oct 22, 2012, on the grounds that the trial judge had erred when considering the evidence and arriving at the decision on verdict.
The higher court dismissed the grounds yesterday because they had no merits.
“We are satisfied that the conviction of the appellant (Yasause) for murder is supported by findings of certain facts, unless a clear error of fact or reasoning on the part of the trial judge is shown to suggest that the verdict was unsafe and unsatisfactory through the grounds which he has raised,” the judges stated in their 85-page judgment.
Yasuase was convicted for murdering Emil in the early hours of Feb 4, 2011 after they left the Lamana Gold Club in Waigani.