A SIXTY-year-old man on trial for injuring the head of a young man with a bush knife at Savo Heights, West of Honiara in May has been acquitted last week.
This was after the magistrate found a lot of inconsistencies in the prosecution’s witnesses.
Joseph Taumata had stood trial for one count of assault causing actual bodily harm.
This is in relation to an incident at 7am on 19 May this year at an area known as the High Com area at Savo Heights.
The court had heard that the High Commission area was said to be used as a drinking spot.
Over the years, drinking, smoking and socialising has been occurring at the area and caused a lot of disturbances to the accused, his family and other residents around the area.
At the time of the offending, Taumata was tired and frustrated with the noise from the area and had taken upon himself to clean up the place.
The Crown’s case was that while Taumata was there to do the clean-up, he saw the 18 year-old complainant and two other boys.
He thought the boys were there to do their usual business of drinking kwaso and smoking marijuana so he started to get frustrated and wanted to chase the boys away.
The Crown alleged that Taumata approached the boys aggressively and swung the bush knife he was holding towards the complainant’s head.
The complainant’s head missed the knife but the sharp edge of the knife cut the complainant’s back head.
Taumata, in his defence conceded he went to clean up the area that morning and when he saw the youths, he was frustrated.
He did chased two boys out of the area before he saw the complainant who was by himself.
Taumata told the court he asked the complainant to leave but the complainant refused to leave.
He said he pushed the complainant to get out of the area and they physically struggled for sometime.
It was during the struggle that his hand accidentally slide and the sharp edge of the knife cut behind of the complainant’s left ear.
In closing submissions, the defence also raised the issue of honest mistake that he did not intend to injure the complainant.
Principal Magistrate Fatima Taeburi in her judgement said the complainant is is a very unreliable witness and therefore was not convinced by his evidence.
She said his demeanour in court was unimpressive.
“He was clearly not willing to cooperate with not only the defence counsel but also with the prosecutor.
“He was agitated and seems to be frustrated with some of the questions asked to him.
“I find his unwillingness to cooperate during examination in court to be very shocking,” Ms Taeburi said.
She added that he instigated these proceedings when he reported the case to the police.
“The wheels of justice started to roll at that point in time.
“The purpose is to give him the opportunity to tell the police and ultimately this court of what he claims to be injustice caused to him.
“He obviously did not seize the opportunity to do that,” Ms Taeburi said.
Ms Taeburi also further added that there is a major inconsistencies in his evidence as well.
She said the evidence of two prosecution witnesses, who were the two boys Taumata first chased out of the area on that day were consistent Taumata’s evidence.
She said even finer details in their evidences that when the first two boys were chased away, they left behind a school bag, matches and items used for smoking marijuana also supports each other.
“I have considered all evidence including the exhibits tendered in court.
“I find that the prosecution has failed to prove beyond reasonable doubt that the accused committed an unlawful act resulting in the injury sustained by the complainant.
“I find the defendant not guilty and I acquit him on the charge.”
By ASSUMPTA BUCHANAN
Newsroom, Honiara
