Russells murder trial ends, closing submissions on Sept 5
TRIAL on the matter of the man accused of killing another man last year on Moe Island in the Russells, Central Province, has concluded in the High Court.
This was after the defence confirmed the defendant Jonathan Felega chose to remain silent and therefore closed their case yesterday.
Judge John Keniapisia then adjourned the matter to Thursday next week for the closing submissions.
The trial started on Wednesday when the prosecution called two witnesses before closing their case.
The two witnesses are a 13-year-old nephew of the defendant, who is the Crown’s main witness and Dr Roy Maraka who did the autopsy report.
The teenager is the eye-witness of the incident that occurred on the night of 11 August 2023 between Sagelua and Minisi settlement on Moe Island.
He testified in court on Wednesday that he saw Felega assault the deceased and threw him down a cliff.
Ben Alasia of Public Solicitor’s Office represents Felega, whilst appearing for the Crown are the Director of Public Prosecutions (DPP) Andrew Kelesi and Georgina Oroi.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
Court wants more info on accused with mental condition
THE court is requesting more information on the state of mind of an accused when he hit a woman’s head with a stone before proceeding on to deliver the sentence.
Benjamin Iniga, 24, pleaded guilty to one count of Grievous Harm, following an incident on 26 January 2024 at Kidivoroa Village in Avuavu, Guadalcanal Province.
The complainant went to wash utensils in a stream when Iniga went and hit her head with a stone, causing her to fall and became unconscious.
She was transported to the Avuavu mini hospital that same day for medical assistance and was admitted for seven days.
Iniga’s matter was listed for sentence yesterday before Principal Magistrate Fatima Taeburi, but she did not deliver sentence because she wanted to know if Iniga was sane or not when he committed the offence.
Magistrate Taeburi said the facts in this case were sufficient for sentence but are not sufficient to determine the issue.
The court had heard that Iniga is suffering from a medical condition.
Magistrate Taeburi said upon inquiry and request from the court, Psychiatrist Doctor Paul Orotaloa did an assessment on Iniga and produced a medical report dated 10 May this year.
She said the report stated Iniga has a history of Marijuana abuse in the past and also states that Iniga displays some abnormal behavior.
Magistrate Taeburi said it was stated in the report that after he was arrested and put into Rove Correctional Centre, Iniga stopped taking Marijuana and was taking medication and hence his state of mind improved.
She added that Doctor Orotaloa did another assessment on Iniga and found he was fit to take his plea, which he did by admitting to this offence.
The matter has now reached the sentencing stage.
However, Magistrate Taeburi deferred the sentence as she needs further information from counsels as to whether he was insane or not when he committed the offence.
She explained that she needed this information because If Iniga was found to be insane at the time he committed the offence, then section 10 of the Penal Code will come into play.
“That he shouldn’t be held responsible for his actions because no one should be criminally responsible for anything if they are found to be insane in the criminal act,”
“That is the issue now,” Magistrate Taeburi further added.
She further added that case authorities from her research on the issue of whether a defendant is insane or not when an offence is committed is a matter of fact and it is to be determined from the evidences in the fact.
Magistrate Taeburi cited a burglary case she dealt with as an example. She found that the evidences show the defendant is sane because of the circumstances in which he committed the offence.
She said this defendant broke into a house at 3am, he chose a window at the back of the house to break in, a window that no one would easily notice.
“He went into the house and then chose properties in the house that have value and stole them.”
Magistrate Taeburi said so the circumstances in the agreed facts in this case were enough for the court to make determination that he is sane.
“The facts in this current case are not sufficient.
“It is sufficient for purpose of sentence but is not sufficient to assist court to make that determination as to whether or not at the time he committed the offence he was in a stable mind or not.
“I need more information for counsels to agree on.”
Magistrate Taeburi said the medical report and agreed facts do not address the issue.
She then ordered the counsels expand on the agreed facts to address the issue if he was sane nor not at the time he committed the offence.
This matter will return to court on Monday September 2.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
