Man jailed for murder

March 31, 2010- The National

By JACOB POK

A 20-YEAR-old man was jailed for 20 years with hard labour by the National Court for robbery and murder in 2006.
Lukas Kolap, from Anawe village, Enga province, admitted hitting Baibal Pewaipa, 60, on the head with a hammer several times before taking K600 on Aug 24, 2006.
When provided the opportunity to address the court, Kolap said: “I want to say sorry before God in Heaven. I respect the decision of the court. I also apologies to the relatives of Mr Pewaipa.
“ I would like to ask the court to have mercy on me. That’s all.”
Kolap’s lawyer told the court in mitigation that his client had been in custody since April 5, 2008, and was a first-time offender who had expressed remorse. 
Justice Graham Ellis said: “This was undoubtedly a vicious attack on an old man by a young man. 
“The message you have learnt is that if you kill someone by hitting him with a hammer or an axe or bush knife, then you can expect to go to prison for 20 years or more.
“It is a pity that message does not seem to get through to people like you until after someone has died. 
“If people would hear and remember the message before using a weapon to kill someone, then there would be fewer coming before the court to be sentenced, fewer victims being rushed to hospital, fewer families mourning the loss of a loved one and a safer community for everybody.”
Justice Ellis then sentenced Kolap to 20 years in prison with hard labour but deducted two years for the time he had spent in custody.

WHP by-election recount results before court

March 31, 2010 - The National 

By JACOB POK

THE final results of the recount of the Western Highlands provincial seat by-election have been brought back to the National Court for its final determination. 
Lawyers of petitioner Paias Wingti and Tom Olga went to court on Monday to seek the courts determination on the final results but the petitioner’s lawyer submitted that there were still inconsistency with the outcome of the results and new motions would be filed to argue on the results. 
Justice David Cannings issued directions for the parties to file motions and return to court and make submissions but the matter was further adjourned to next month after parities where not prepared to make submissions yesterday.
Mr Olga’s lawyer, Harvey Nii, asked if the court could make a ruling on the decision of the Supreme Court that ordered the recount before hearing other motions. 
Mr Nii said the recount, as ordered by the Supreme Court, had already been conducted and the court should declare the person with the highest votes as the winner. 
He further told the court that their application on that should be heard first as the petitioner’s application would depend on the outcome of their application. 
But the petitioner’s lawyer, David Levy, opposed that his client’s motions be heard first as they were still not satisfied with the outcome of the final results of the recount.
The petitioner’s motion will argue that the results of the recount were different from the figures of the previous recount held in Mt Hagen.  
Justice Cannings told parties that he was prepared to hear motions from parties but the court had not receive any motions or applications from parties as yet.

Baki takes NEC to court

March 17, 2010- The National

By JACOB POK

POLICE Commissioner Gari Baki has gone to court challenging a National Executive Council decision to appoint Tony Wagambie as acting deputy police commissioner operations.
The move by the head of the police hierarchy came days after a bench warrant was issued for his arrest after failing to appear in court on numerous occasions to answer contempt charges taken out by Mr Wagambie on allegations of defying a National Court order last year to install him as acting deputy police commissioner operations.
Although Mr Wagambie is now on the job he was fighting for, he still pursued the contempt charges against Mr Baki because of the long delay and failure to attend court and act on court orders.
Cabinet’s appointment of Mr Wagambie as acting deputy police commissioner operations was gazetted last March 27 but was not effected until recently while the contempt charges against Mr Baki were pending in court.
Mr Baki voluntarily appeared in court on Monday and the bench warrant was set aside.
He was put on bail.
In a new twist of events yesterday, Mr Baki appeared before National Court judge Justice Ambeng Kandakasi along with private lawyer Jacinta Murray of Murray Lawyers, foregoing State lawyers, to seek a judicial review of the NEC decision.
However, Justice Kandakasi ruled in court yesterday that the application for review was related to the same issue that had led to the contempt proceedings.
As such, he said the matter would be discussed at the substantive hearing, slated for April 15.
He said the contempt proceedings had to be dealt with before other matters.
Also this week, former deputy police commissioner Geoffrey Vaki, who was sidelined on allegations of abusing a woman, was recalled to his position.
Media reports said a minute, dated March 12, from Mr Baki to Mr Vaki directed that the latter take up the job no later than 8am on Monday, March 15.
The minute also advised that Mr Wagambie will return to his job as commander Southern region.