LAWYERS representing the man who hurled an ignited dynamite explosive at another man at Fox Wood, East Guadalcanal mitigated for him on Thursday.
This was after Mariano Besa entered his guilty plea to the charge of unlawful wounding before Justice Francis Mwanesalua.
He was initially charged with attempted murder but that has been reduced.
This was after prosecution accepted the defence’s proposal for a guilty plea to a reduced charge.
Meanwhile, in relation to the criminal trespass the DPP has entered a nolle prosequi (to no longer prosecute).
Besa hurled the lit dynamite explosive at the Complainant John Tila when Tila was following him out of his compound.
He came to the Tila’s compound late that night calling out to another person residing with Tila.
Tila was already in bed sleeping at that time and was alerted by his wife who then told Besa to return home to his family as it was late in the night.
According to Crown’s case, Besa was walking out of the complainant’s house with the complainant following him behind when he turned and hurled the lit explosive.
The complainant fell unconscious when the dynamite exploded and received injuries to his face and front section of his body.
The prosecution has submitted its sentencing submissions yesterday and the defence counsel will be presenting its mitigation and sentencing submission today.
In his sentencing submission yesterday by the Director of Public Prosecutions Ronald Bei Talasasa said it is their submission that the prisoner’s criminality must be punished, that is, “the placing of an explosive within the vicinity of the victim thereby placing him in a position of danger.
“This court is urged to consider the sentence that is appropriate in the circumstances.
“It must be one that one only punishes the criminality but sends a message to others that such offending will not be tolerated,” the DPP said.
He said Tila did not return to the comfort and safety of his house or the delight of his family, but to the nursing care and immediate attention of nurses at the Good Samaritan Hospital, in Guadalcanal, and later at the National Referral Hospital.
“In the quietness of the night and within the comfort of his home, Tila could have been killed by an explosive that was not only dangerous to human life but illegal to be in possession of.
“The prisoner says he went to the house to ask back his kaon (money owed). Why went at that time in the night? Why armed with an explosive? Why placed it in a manner that it became dangerous for anybody and sure in this case, the complainant was injured.”
Besa had earlier been sentenced to three months imprisonment in the Honiara Magistrates’ Court for the charge of impossesion of explosive.
This was in relation to this offence.
Besa is being represented by Henry Kausimae of Public Solicitor’s Office.
By Assumpta Buchanan
