Young witness testifies against uncle in murder case
A 13-YEAR-OLD boy, who accompanied his uncle when he murdered another man on Moe Island in the Russell Islands in Central Province in 2023, testified in court on Wednesday.
This was during the trial of the defendant Jonathan Felega for one count of Murder.
The trial was conducted before Judge John Keniapisia in a setting where Felega’s view from the dock was covered with a cloth.
This was done to prevent the prosecution’s second and final witness, Felega’s 13-year-old nephew from seeing Felega when giving evidence against him.
The witness told the court that Felega went to him and told him to go with him to buy betelnut at Sagelua.
This was on the night of 11 August 2023 on Moe Island.
The witness said when he and Felega arrived at Sagelua, Felega together with a Mr Tasae and other boys had some alcohol.
The witness said Felega and others played music and they danced while he was asleep at his granny’s house.
Later, a boy came and told him that Felega called for him and so the witness went to his uncle.
The court heard that they went to the house of one of the witness’s uncle to check for a pot of fish.
After they served a plate of fish, Felega held a torch and went back to Minisi settlement.
It was along the way, when they reached midway between Sagelua and Minisi settlement that they met the deceased.
The witness said he only knew that person as Peter and that his house was at Minisi.
He said Felega then talked to the deceased saying, ‘you nao kilim mi ba?’ which translates to ‘were you the one who assaulted me?’
It was heard that Felega then picked a stick of about 95 centimetres in length from the ground and struck Peter on the back of his head near neck area.
The witness said he then saw Peter fall onto the ground, Felega lifted him up and threw him down a cliff.
He said after Felega threw Peter down the cliff, Felega told him not to tell the police about what happened and he was petrified.
The witness and Felega then went down the cliff to Peter.
He said he saw blood coming out of Peter’s nose and that the back of his head was broken.
The court further head that Felega went and carried Peter and placed him at the bottom of a cutnut tree.
They left Peter there and the witness and Felega went to Minisi to the house of Peter’s brother and told Peter’s brother and Peter’s wife to go and carry Peter.
The witness said after the incident, police went and talk with him about three or four times.
He said the first time that police came to talk to him, he lied to the police because Felega told him to.
The court heard that during that time Felega was in Yandina.
He said police took him but later released him.
Later when the police went to talk with him again, he said he told the real story.
“I decided to tell the true story to police because I wanted to tell out the story,” the witness said.
He said at that time, Felega was in custody in Yandina.
After he gave the true story to the police, he did not see Felega again.
The prosecution then closed its case after calling two witnesses.
Its first witness was Doctor Roy Maraka who gave medical evidence.
The matter returned to court on Thursday for the defence to confirm the defence case.
Ben Alasia of Public Solicitor’s Office represents Felega, whilst the Director of Public Prosecution Andrew Kelesi.
Assisting him is Public Prosecutor Georgina Oroi.
The defendant Jonathan Felega is facing trial for one count of Murder before Judge John Keniapisia.
The trial was supposed to start on Monday but was deferred.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
CJ hears application to strike out petition against MP Fuo’o, reserves ruling
CHIEF Justice Sir Albert Palmer on Wednesday heard the application filed for the Member of Parliament for Central Kwara’ae Ricky Fuo’o for the striking out the petition case filed against the Parliamentarian by his predecessor Jackson Fiulaua.
Sir Albert, who presided over the election petition strikeout application made on behalf of MP Fuo by his lawyer Schottler Kwaiga, heard the application but reserved his ruling to allow him time to read through the submissions made by both parties in the case.
Schottler Kwaiga who represents Mr Fuo’o argued for the striking out of the petition on four grounds.
The first was that the service of the petition filed by former MP Jackson Fiulaua was ineffective because it was carried out by another person and not the petitioner.
The second was that there is no section 126 (6) in the Electoral Amendment Act 2023 as cited in the petition and as such, there is no legal basis for the petition.
The third was that Mr Kwaiga argued that the road works funded by MP Fuo’o were not for election purposes and the fourth was that the sworn statements filed by the lawyer of the petitioner showed that voters also voted for other candidates who contested for the constituency seat.
Floyd FitzReggie and McChesney Ale of Rano & Company represent the petitioner Mr Fiulaua.
Mr FitzReggie, in his response, stated that the four grounds in support of the strike out application are trivial in nature and can be cured by an amendment.
He objected to the issue of service as it is not in the application.
Mr FitzReggie also argued that the issue of service is not a ground for strike out.
He pointed out that the only grounds for strike out are those stipulated under Section 111 (1) (b).
In relation to the second issue, Mr FitzReggie argued that such an issue is a minor defect that can be cured by a simple amendment.
He said if an amendment was done, it would be a non-issue.
He then cited cases where the court has refused the application for an election strike out on the basis that it can be cured by an amendment.
As to other issues, Mr FitzReggie argued that those issues do not fall within the laws for a strike out.
He added that that such issue requires the calling of witnesses and this can only be done at trial.
Mr FitzReggie then strongly urged the court to refuse the application to strike out the petition.
Howard Lapo from Attorney General’s Chambers appeared for the Returning Officers.
He supported the strike out application.
Mr Lapo argued that the actions of the Returning Officers were mistakes that could not affect the election results.
Mr FitzReggie responded to Lapo’s submission that the court should not consider them as the issues he raised were not the issues for an application to strike out.
Mr Kwaiga responded by repeating his submissions, which Mr Ale objected for raising the issue of service as it was addressed in the sworn statements.
The petitioner had filed allegations of Illegal and Corrupt Practices (Illegal employment hiring) and Fraudulent Voting after he lost the election on April 17.
MP Fuo’o, in turn, through his lawyer made the application to strike out the petition grounds of Abuse of Process, which they say are frivolous and vexatious and that the allegation is insufficient.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
