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State v Malto [2020] PGNC 328; N8556 (5 March 2020)

N8556

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 579 OF 2019

THE STATE

-v-

EDDIE MALTO

Waigani: Koeget, J
2020: 05^th March

CRIMINAL LAW- Indictable offence of attempted murder pursuant to section 304(a) of the Criminal Code Act chapter 262 – State offered no evidence and closed its case – “No case to Answer submission” entertained as there was absolutely no evidence to connect the accused to the crime charged – accused acquitted – accused ordered to be discharged from the indictment

Counsel:

R. Galama, for the State
A. Peter, for the Accused

TRIAL

05^th March, 2020

1. KOEGET, J: INTRODUCTION: The prisoner is charged with one count of Attempted Murder pursuant to Section 304(a) of the Criminal Code Act chapter 262.

FACT

2. On Saturday 2^nd June 2018 between 2 o’clock and 4 o’clock in the morning at CS compound at the back of Taurama Foodland row of shops, the accused Eddie Malto attempted to kill Allan Yangen.

3. On Friday 1^st June 2018, Allan Yangen and friends purchased some alcohol and went to a friend’s house at CS compound and consumed alcohol there.

4. The accused and friends were drinking alcohol too at their friend’s residence at the same CS compound. The situation was jovial until the accused went to the victim and friends and demanded alcohol from them. The accused became frustrated and swore at Allan Yangen and friends. Allen Yangen responded and swore at the accused and told him to leave.

5. The accused left and returned with an iron rod and struck Allan Yangen in the ribs. Allan Yangen punched the accused in the face causing him to drop the rod and he chased the accused outside the CS compound but friends restrained him from going outside the compound.

6. Allan Yangen felt pain in the abdomen and collapsed and so he was rushed to the Port Moresby General Hospital where he underwent surgical operation.

7. The State alleges that when the accused struck Allan Yangen with the iron rod in the ribs, he attempted to kill the victim thereby contravening section 304(a) of the Criminal Code Act chapter 262.

8. The accused pleaded not guilty to the charge after arraignment.

9. At the commencement of the trial, the State witnesses’ names were called outside the Court house three times and there were no responses. The learned State Prosecutor offered no evidence and closed the case for the State.

10. The counsel for the Defence made a “No case to Answer submission” as there was no evidence connecting the accused to the offence charged. So, a verdict of not guilty was recorded and the accused was acquitted accordingly.

ORDER

(1) The accused is discharged from the indictment.
(2) The accused’s bail is ordered to be refunded to him.

Accordingly Ordered.
________________________________________________________________
Public Prosecutor: Lawyer for the State

Public Solicitor: Lawyer for the Accused