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State v Malala [2018] PGNC 310; N7414 (16 August 2018)

N7414

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO 247 & 248 & 249 OF 2017

THE STATE

V

MAX MALALA & WILLIAM KIU & ALOIS BAILEY

Kimbe: Miviri AJ
2018 : 13,14 August

CRIMINAL LAW – Trial– Wilful Murder – S299 (1) CCA – deceased cut with bush knives –identification – whom to believe – common sense and logic – defence case unbelievable – weight of evidence –no other reasonable hypothesis other than guilt of accused – intent to kill overt – very bad killing of wilful murder .

Facts

Accused cut up the deceased amputating his left hand and right leg including his head and his other leg and hand causing massive bleeding from which he died. They had intended to kill him and did kill him.

Held

1. Positive identification of all accused
2. Four limbs and head of deceased cut
3. Aided and abetted each other
4. Intention to kill
5. All accused found guilty of Wilful Murder.
   

Cases Cited:

The State v Amoko, [1981] PNGLR 373 (4 June 1981)
The State Bonu v and Bonu [1997] PGSC 11; SC528 (24 July 1997)
The State v David Kandakason [1998] Supreme Court Judgement SC558
The State v Jaminan [1983] PNGLR 318 (29 September 1983)
The State v John Beng [1977] PNGLR 115
The State v Kairi [2006] PGSC 8; SC832 (28 April 2006)
The State v Palili [2006] PGSC 16; SC848 (31 August 2006).
The State v Pawa [1981] PNGLR 498
The State v Tapea Kwapena [1978] PNGLR 316.
The State v Ume [2006] PGSC 9; SC836 (19 May 2006).

Counsel:

A, Bray, for the State
E, Yavisa, for Defendant

VERDICT
16^th August, 2018

1. MIVIRI AJ: This is the verdict against the three accused indicted with wilful murder of another at Minda, Talasea.
   

Short facts

2. The State presented the following facts against the accused that on the 12^th November, 2016 at 6.30pm Cletus Kito Mane returned to Minda by boat from Garu where he and others had been cutting timber. There was an argument between him and Joshua Waka who swore at him and left for the village. Cletus Kito Mane was angry that there were some canoes placed where he had cleaned to leave his boat. And so hit the canoes there. Not long after the three Accused armed with bush knives accompanied by three others also armed with bush knives and a stick came and confronted the workmates of Cletus Kito Mane. Max Malala swang the bush knife amputating the left arm of the deceased who fell and then got up and started running along the beach to escape. The three accused armed with the bush knives accompanied by the others chased after him. They caught up with him and cut him on his hands, legs and head. They intended to kill him as they were cutting him. He bled massively from these injuries and died as a result.
   

Charge

3. All accused are charged with Wilful Murder pursuant to Section 299 (1) which is in the following terms;
   
   • (1) Subject to the succeeding provisions of this Code, a person who unlawfully kills another person intending to cause his death or that of some other person is guilty of wilful murder.
     
   • (2) A person who commits wilful murder shall be liable to be sentenced to death.
     
4. The elements of the charge are that; (a) a person (b) unlawfully (c) kills another person (d) intending to cause death (e) and did cause death, Ume v The State [2006] PGSC 9; SC836 (19 May 2006).
   

Evidence by Consent

5. The following State evidence were tendered by consent;
6. Exhibit S1 Medical affidavit of Doctor Gillian Dangi dated the 16^th November, 2016.
7. Exhibit S1 (a) Post Mortem Report dated the 16^th November 2016.
8. Exhibit S1 (b) Medical certificate of death dated the 16^th November 2016.
9. Exhibit S2 (1) to (5) photos of the scene of the attack and death.
10. Exhibit S3 (1) to (7) photos of deceased and injuries sustained.
11. Exhibit S4 (a) Pidgin Original Record of Interview of Max Malala dated the 15^th November, 2016.
12. Exhibit S4 (b) English translation of record of interview of Max Malala dated the 15^th November, 2016.
13. Exhibit S5 (a) Pidgin Original record of interview of William Kiu dated the 17^th November, 2016.
14. Exhibit S5 (b) English translation of the record of interview of William Kiu dated the 17^th November, 2016.
15. Exhibit S6 (a) Pidgin original of record of interview of Alois Bailey dated the 17^th November, 2016.
16. Exhibit S6 (b) English translation of the record of interview of Alois Bailey dated the 17^th November, 2016.
17. Exhibit S7 Statement of Hendrick Tuka dated the 21^st November, 2016.
    

Tale of Evidence

18. This evidence established beyond all reasonable doubt that on the night of the 12^th November, 2016 at Minda Beach Cletus Kito Mane was cut on his left hand with a bush knife by Max Leris Malala amputating it. Then he got up and ran along the beach intending to escape but was pursued by five other persons who were also armed with bush knives and a stick. He did not succeed in escaping as he was found twisting and turning in the sand from a 15cm cut to his skull across the parietal region across the left ear, this was a fracture through the skull, his left leg distal one third fracture, right leg posterior midshaft, and left wrist amputation, right elbow joint fracture, left arm anterior knife wound. From all these wounds he was bleeding massively and did not stand any chance of survival at all. He died from it. The injuries are all life threatening and whoever inflicted them intended that Cletus Kito Mane should die. These injuries were overt of the intention of the assailant to kill the deceased because there is no room for survival therein upon the deceased.
    
19. Cletus Kito Mane was 26 years old weighing 60 kilogram and 165cm tall. His cause of death was acute blood loss with multiple knife wounds to the skull and all four limbs. He was murdered. The photos exhibit S3(1) to (7) showed a well built man who could have been no match for the assailant Max Leris Malala had he acted alone and without any weapon. Comparably he is well built even to the size of the accused William Kiu and Alois Bailey. It is clear that he was attacked when he was not suspecting it. According to the evidence of Dominic Ngava and Gerard Gorea he was rolling his smoke and therefore was not expecting the attack. He was concentrating on rolling his smoke hence was not prepared for the blow that was inflicted cutting through to the left hand by Max Leris Malala amputating the left hand. From exhibit S3(1) taken from foot to head depicts the gruesome injuries to the right leg which is amputated completely from the midshaft shin exposing the bone broken and the foot lying hanging to the side by a thin strip of skin facing to the side. The left hand is completely amputated from the wrist lying on the chest and abdomen. The right hand has a gaping cut at the elbow. S3 (2) is the right elbow wound gaping open exposing right to the bone. S3 (3) is both legs viewed from under the left leg exposing a very deep cut into the bone also exposing a gaping wide open wound. Looking onto the right leg without the foot exposing the shin bone broken sticking out. S3 (5) is the left hand cut off altogether from the wrist including the forearm which bears a very gruesome injury. S3 (7) is the left side of the temple where the cut goes through the ear splitting it in half exposing a deep and protruding cut into the interior of the temple exposing the inner content of the skull. It is medically also a fracture of the skull.
    
20. What is here exposed is an unspeakable level of violence inhuman, barbaric, savage, and brutal act of such magnitude that whoever was the assailant did not intend anything other than the death of the deceased. For the bush knife to be able to cut through bone and to break the bone and go through skin underlying to completely cut it from end to end was force of such magnitude that only a person with very strong intent to kill could have exerted. Compared with a banana stump upon harvest this was force of such magnitude compared to nothing less than overt of very strong persistent intent to kill and exterminate by all means. Cletus Kito Mane died a very violent death in his own village.
    

Issue

21. Is there identification evidence on the identity of the person or persons responsible for the death of Cletus Kito Mane?
    

Evidence on Oath

22. The first witness in this regard is Dominic Ngava from Minda, Talasea married with four children. He gave evidence that in 2016 I was cutting timber at Garu together with Cletus Kito Mane who is now deceased. On the 12^th November 2016 a Saturday, during the day we were working at Garu and were travelling back to Minda in the afternoon by boat. We stopped along the way at Garongo to leave Basil Mane and Thomas Vava. On the boat were Gerard Gorea, Hendry Tuka and Joshua Reu including the deceased Cletus Mane. When we got to Minda, Cletus Mane hit the side of the canoe that was in the clearing he had made for his boat at the beach, Joshua Reu swore at him and left for the village. Not long Max Malala, William Kiu, Alois Bailey, Sebastian Pulai, Benjamin Raka and Elizah Waka came down. All of them had bush knives except for Sebastian Pulai who had a piece of wood.
    
23. We are all from the same village, I knew them all and we are all related to each other. Max is my nephew. Together with William Kiu and Alois Bailey their mothers are my cousin sisters. They are my nephews.
    
24. Max Malala threatened me with the bush knife. He swung it at me trying to cut me and I jumped. Benjamin Raka said it is uncle Ngava. Max saw Cletus Mane rolling smoke , he went and cut off his left hand. He got up and ran and they followed him. Together with Gerard we were afraid so we did not follow them immediately but did so after they had gone. We came upon him on the ground twisting and turning. We held him and felt that his ear was broken or cut, his leg was also broken. We were there when his father Anton Mane came and said you both eat him. He was cross because of the injuries Cletus got. He went back and the Community came to save him but couldn’t. It was in the moonlight and they were not far from me. It was about 3 meters from me. Max was 1.5 meters away when he tried to cut me. Cletus was standing under the mango tree where Max ran to and cut him. This was about 9 to 10 meters. The beach was cleared by Cletus who wanted to settle there so it was clear. When Cletus was cut by Max he screamed and ran along the beach. The six persons named all followed after him with Max. I and Gerard were afraid and stood when they ran we followed them to where Cletus was lying on the ground. We walked quickly as his hand was already broken. We saw him lying on the ground when Gerard tried to hold his ear it was cut across his face. The leg was cut and the bone was broken. It was the left leg; the hands and the back also were cut.
    
25. We only drank two cartons of beer back at Garu amongst the six of us and finished it. We were not drunk. We left Garu at 6.30pm and arrived 8.00pm at Minda. It was full moonlight. I was still at the beach with Cletus waiting for Gerard who was cleaning the boat. As I was about to leave for the village Max and William Kiu, Alois Bailey, Sebastian Pulai, Benjamin Raka and Elizah Waka came. I saw them clearly, the moonlight was very bright and not covered as it was a small mango tree and the place was very clear.
    
26. The second is Gerard Gorea also from Minda Talasea married with two children resident in the village. On 12^th November, 2016 Cletus Mane was killed at Minda village. We had come back from Garu on a boat after sawing timber. It was in the afternoon. There was myself, Cletus Mane Kito, Joshua Reu, Kito Ipa, Basil Mane, Thomas Vava and Dominic Ngava. We came to a small village Narongo to drop off Basil Mane and Thomas Vava before we came to Minda. At Minda this incident happened. Henry Tuka and Joshua Reu went off. But he swore at the man who died and not long they came down. Max Malala, Alois Bailey, William Kiu, Sebastian Pulau, Elizah Raka, and Benjamin Raka.
    
27. Max Malala swang knife at Dominic Ngava and he jumped and his brother said it is uncle Ngava. Max saw Cletus was sitting under the mango tree and rolling his smoke. He ran towards him swang the knife and cut off his left hand. And Cletus called out and started to run. He ran following the beach and they followed him. These were Max Malala who had a bush knife, so too Elizah Waka, and William Kiu also and Sebastian Raka, Sebastian Pulau had a wood or stick, and Alois Mane is also known as Alois Bailey had a bush knife, chased him and cut him. And myself and Dominic walked following and saw Cletus sleeping in the sand and was turning to and fro. Dominic held his leg and I tried to hold his head up but there was a cut and we stayed with him and his father arrived. His father came and told us to eat his body. Not long the community came we tried to save him, put him on the boat but he died. I was putting the boat when these people came swung the knife and threatened Dominic Ngava. It was 4 to 5 meters when I saw them and identified them at the beach. It was moonlight.
    
28. Both these witnesses were at the same place at the same time and saw the same things materially which is borne out by the material facts in their evidence. Particularly as to the identification of the accused and accomplices in bright moonlight. The 12^th of November, 2016 is a long time but the material consistency is there in their evidence together. There is also common sense and logic in their evidence. That they do not immediately follow suit after the three accused and the three others that they see but follow immediately after. No motive has been disclosed apparent and identifiable for their evidence not to be believed. In fact it is clear that there is no motive to tell against the accused. There is no dispute as to the amount of light on that night from the moon light and the identification of the witnesses upon the accused and of the accused. Both witnesses and all accused are from the same village and know each other very well.
    

Defence Evidence

29. The First Accused who gave evidence was William Tuka Kiu, 42 years old from Minda married with four children in defence on oath gave evidence that he recalls 12^th November 2016 between 6.00pm and 9.00pm. He did not maintain consistency with his record of interview but differed substantially so much so that he was trying to disassociate himself from anything to do with the offence. In the record of interview he did not state that he sent his wife to get Cletus Mane’s father report what he was doing. He blamed CID for turning his story around in the record of interview but did not challenge it. He also did not state that Albert Loke was watching video and when he heard it he came to my house told me that lets go down and see Cletus Mane hitting our canoe. And that both of them walked down and along the way under a mango tree they met Dominic Ngava. Albert Loke stayed with him. I heard someone calling out and I ran down to the beach and met Max coming up after he had cut him. He told me not to go down as I have cut him already we go back up now. We came up to the village I went to my house, told my wife that Max had cut Cletus Mane. Max went to the village and told people there. My house is located 200 meters away from the main village. And to the beach front would be 500 to 600 meters. I was in the house and heard that Cletus Mane had died so I told my wife to take the children and we go to the main village and so we went. I did not meet with Max Malala or Alois Bailey at any time that night from 6.00 pm to 9.00pm. In the record of interview question 26 you mentioned that on way down to the beach you met Cletus Mane, no I did not meet him I met Dominic Ngava it is the CID who turned the story around. Accused, Nicholas Mautu, Igon Poli, and Benjamin Raka ran away and hid.
    
30. William Tuka Kiu has right to silence. He is innocent of the allegation made. The burden is on the State but consistency especially in respect of material particulars would add to the credibility of his version of events in the allegation against him. The truth is self imposing and not hard learned or versed. And the excerpts set out above do not tie in with the evidence in the record of interview to police, particularly of not sighting Dominic Ngava and of meeting Max Leris Malala who confessed to him that he was the assailant of the deceased and that accused William Tuka Kiu should not go down. These are very important facts that should have been disclosed to the police there and then in the record of interview. To come out now make them incredible and more recently created to avoid guilt imminent hence would amount to corroboration of the assertion made by the prosecution, As in Jaminan v The State [1983] PNGLR 318 (29 September 1983) false denials told out of conscious sense of guilt corroborate the account of the State evidence. The law has been clearly stated in David Kandakason v The State [1998] SC558 where the Supreme Court said that where the witness is shown to have made previous statements inconsistent with the evidence given by that witness at the trial, the court must regard and treat that evidence as unreliable, and similarly disregard that previous statement, whether sworn or unsworn, as it does not constitute evidence, upon which the Judge can act. In other words both the sworn testimony of the Witness, and his statement given out of court are discredited and both are no longer reliable evidence: Palili v The State [2006] PGSC 16; SC848 (31 August 2006).
    
31. I consider this applicable to the cases of both Alois Bailey and Max Leris Malala because like William Kiu they are accomplices and as such require independent evidence to corroborate the account they make that only Max Leris Malala is the assailant of the deceased and not them. This is even more so when seen in the light of the excerpts of evidence from Alois Mane Bailey. He has changed his evidence on oath in defence. These are not minor but major and fundamental underlying his case as to whether or not he is a witness of truth or not.
    
32. The excerpts are; he does give minute and intricate details of his whereabouts at the time of the allegation. He does not state that he was looking after his house in the absence of his wife and children who had gone to watch video. Effectively an alibi at the time of the offence. And that William Kiu’s wife came to the video place and told Albert Loke that Cletus had broken his canoe. Nor does he state that he stayed a while and then thought of his engine at the beach. And then go down to check on it and turn back. Nor does he state that he stood and heard big noise. And that upon going down the slope he met Dominic Ngava as he was coming up to where two trees are. That Dominic Ngava saw him and went and hid himself between the two trees in the dark. I went down to where the small village and at the beach it was big noise. I heard swearing and crying and I heard that Max Malala had cut Cletus Mane. I walked up and thought that they will retaliate and cut me. I went back to the village, there I heard Max was telling the people in the village that he himself cut Cletus Mane. It was Dominic Ngava, who said he was carrying a bag and basket I do not know why he saw me and hid. It was the same Dominic Ngava who said he saw you at the beach. I turned at the mountain and go back to the village. I did not carry anything purposely I went to see my boat. I did not see Max Malala and William Kiu, I do not know them. I came back to the village, Max himself was telling the village people he had caused the incident. Even though he is not responsible for the killing of the deceased. He hid together with his family. After the incident we went to another area further away from the deceased. We stayed until 4.00am. At 4.00am they were ferrying boat from Garu and Kandoka. We thought of our way in Talasea that there would be retaliation. We walked all the way to Ganeboku all the way to Kavugara and we reported the incident for mobile squad to protect us. The two witnesses made a false allegation and now I am in police custody. I gave myself to police. The cause of the trouble is William Kiu’s canoe and Albert Lokes canoe, so he gave himself to clear himself and to release his wife.
    
33. These show out the grave inconsistency of this witness as a witness of truth. It is not disclosed to police by him that Max Leris Malala had disclosed that he was responsible for the cuts sustained and the death of Cletus Kito Mane. Nor has he disclosed that the witness Dominic Ngava was met along the way by him and could not have witnessed the killing. These are very important evidence which has just come out in his own evidence in court not initially to Police. It is not corroborated but self serving and does not add to his case in any way. Other than a similar effect of corroborating by its recent invention because of imminent guilt that is now glaring Jaminan (supra) and David Kandakason (supra) and Palili (supra). He is by this an unbelievable witness.
    
34. Max Leris Malala is similar. He has also substantially improved his story. He has added a lot of detail to it fundamentally changing his story. And these are the excerpts which dramatically change his story from the original version. On the 12^th November 2016, I was watching video and William Kiu’s wife came and reported to our ward leader to go and tell Cletus Mane’s father to go and tell him to stop. I came down to beach past William Kiu’s house past house of Nick Mautu’s house I met Dominic Ngava carrying a bag and holding his basket. I asked him where Cletus was and he said Cletus was damaging the canoes at the beach. He told me that he was trying to settle him but he was aggressive so left him. I was not silent I was singing and walking. When I arrived at the beach at the mango tree, Cletus Mane attacked me. He swang his bush knife twice and moved me to the side where it was wet and swampy. My leg went in and I fell, Cletus ran and lifted the knife up to cut me; I held onto a tree stump brace myself and stood up. I grabbed him on his stomach and tackled him to the ground and sat on his abdomen. We were struggling I pulled the knife off him and stood up. I turned my back he came with a wood and hit my back. I got the bush knife to cut and rid of it but the knife slid and cut his hand. I did not think knife would cut off his hand. I swang it again in self defence and again a third time again. Cletus got hit and went to the beach and Gerard Gorea came and fought Cletus and I left them. When I went up I met William Kiu and I left him at his house. I went into the village and I told everyone in village including father of Cletus Mane that I had cut him, go down to beach and save him. I went to cocoa at the back of the house boy and slept there. I slept there until 5.00am and my thoughts came back I heard people crying and I thought to what I have done. I left the village walked up to the mountain, came down to Ganeboku and Monday morning I came and surrendered to Elias Lavu at Kimbe Police Station. At the bride price ceremony I drank SP and Matuka. When I went to the beach, to see Cletus Mane I did not hold anything. I did not go to fight him but to take him back. I was alone and not accompanied by anyone at the time I came down.
    
35. He swang the knife at me three times, I recognized him from the moonlight. I tackled him and removed the knife off him. He was on the ground. I was drunk I did not run away. I did not run away from him despite the fact that he attacked me. He attacked me with a stick and I blocked it with the bush knife and I cut his left hand amputating it. His left hand is completely amputated. The force if used on the stick would have got it not the hand. The knife would have cut his right hand not left hand. The second time I cut his leg. I did not know I had cut his hand. He moved back as he was I cut his right leg or left leg it was night and we fought. The second time I cut him he was standing. I cut him the third time, it was night time I threw the knife to defend myself. In police record of interview I never told police truth story. I gave to police but they gave money to police and they twisted the story. Gerard Gorea attacked Cletus and did not tell police.
    

Dispute in Evidence

36. The two State witnesses Dominic Ngava and Gerard Gorea identified all three accused and three others who were responsible for the injuries to deceased with bush knives from which he died. On the other hand William Kiu and Alois Mane Bailey say they are not responsible for the injuries that Cletus Mane received to his body leading to his death as none of them ever went down to the beach front that night. Both turned along the way. Interestingly also both state that they saw Dominic Ngava the state witness who identified them in the attack on the deceased, away from the attack. He could not have seen the attack from where he was when the accused saw him. This is the same evidence from Max Leris Malala. Who says that he acted in defence when he cut up Cletus Mane and that he never was carrying any weapon. He wrestled off the bush knife of the deceased and used it on him three times in a row. And he did not know what injury or injuries he inflicted. He was concerned about defending himself. But this contention is not the same as in Kairi v The State [2006] PGSC 8; SC832 (28 April 2006) because he can no longer be acting in self defence where he has disarmed his assailant who is no longer in a threatening position as in Tapea Kwapena v The State [1978] PNGLR 316. That he was the only person who cut up the deceased not his brothers his co accused. He is an accomplice and there is no corroboration of the account he makes, Amoko, The State v [1981] PNGLR 373 (4 June 1981) The other co accused are similar without any corroboration.
    

Principle Identification Evidence

37. Dominic Ngava is the principle identifying witness so the accused have tried in vain to taint his evidence by removing him from his original position at the beach front where the offence took place to along the way away. But in their desperation and haste to so do they have not maintained and have forfeited consistency so much so that their evidence is now incredible and not worthy of belief. John Beng v The State [1977] PNGLR 115 settles the law on identification in these terms:
    

37. “Whenever the case against an accused person depends wholly or substantially on the correctness of one or more identifications of the accused which the defence allege to be mistaken, the trial Judge should warn the jury of the special need for caution before convicting in reliance on the correctness of the identification. He should make some reference to the possibility that a mistaken witness could be a convincing one and that a number of such witnesses could all be mistaken. Provided such a warning is given, no particular form of words needs to be used.

38. Further, the trial judge should direct the jury to examine closely the circumstances in which the identification by each witness came to be made...
    
39. Recognition may be more reliable than identification of a stranger, but even when the witness is purporting to recognize someone whom he knows, the jury should be reminded that mistakes in recognition of close relatives and friends are sometimes made. All these matters go to the quality of the identification evidence. When the quality is good, the jury can be safely left to assess the value of the identifying evidence even though there is no other evidence to support; provided always, however, that an adequate warning has been given about the special need for caution. When the quality of the identifying evidence is poor — i.e. a fleeting glance or a longer observation made in difficult conditions— the Judge should then withdraw the case from the jury and direct an acquittal unless there is other evidence which goes to support the correctness of the identification”
    
40. I warn myself on the need for caution to act on the identifying evidence provided by Dominic Ngava and Gerard Gorea. There is no motive for their testimony against the accused. They do not have any grudges or disputes amongst him prior to the offence. There is no evidence as to their sight and the conditions of lighting and their positions on the night in question. Both are consistent and credible in their evidence by logic and common sense. Dominic Ngava has maintained that he was never away from the initial scene where the allegation arose. He is supported in this regard by the evidence of both Gerard Gorea and Anton Mane father of the deceased. It is not logic and common sense that he will be seen at two places at once. That here the quality of the evidence is good. Because it is bright moonlight and the sighting is made at very close quarters of relatives and people from the same village. Given these conditions in the identification it is very good identification. Because the accused do not challenge it in any way until the trial. They also do not disclose any alibi to Police when they did initially interviewed. But on trial have given late alibis which are self serving not supported by any independent evidence to corroborate them because they are accomplices in the allegation. The only conclusion in view and open is that these are last minute attempts to create what is not there in the first place. Given it is safe to hold that there are no other reasonable hypothesis other than the guilt of the accused in accordance with Bonu and Bonu v The State [1997] PGSC 11; SC528 (24 July 1997).
    
41. Dominic Ngava and Gerard Gorea are witnesses of the truth and saw all three accused accompanied by Sebastian Pulai, Benjamin Raka and Elizah Waka come down. All of them had bush knives except for Sebastian Pulai who had a piece of wood. Max Leris Malala amputated the left hand of Cletus Kito Mane who got up and ran trying to escape but was pursued by all accused together with these other persons along the beach where they eventually caught him then cut him up intending to kill him and left him to die. He died as a result. There were no other persons with motive to attack him except the accused because he had hit the canoe of the accused. And they retaliated when told by Joshua Waka their brother: Pawa v The State [1981] PNGLR 498.
    
42. I find these as facts based on the reasons set out above and I determine that the accused Max Malala, Alois Bailey, William Kiu, all of Minda Talasea are guilty of the Wilful Murder of Cletus Kito Mane committed on the 12^th November, 2016 at Minda in Talasea. That they each and severely aided and abetted each other in the commission of the crime of Wilful Murder in accordance with Section 7 and 8 of the Criminal Code: Wani v The State [1979] PNGLR 593 (30 November 1979). Consequently the verdict in all the circumstances is guilty of Wilful murder against all charged on the Indictment dated the 10^th day of August, 2018 contrary to Section 299 (1) of the Code.
    

Orders accordingly,
________________________________________________________________
Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the Defendant