Wednesday, July 28, 2010

Court finds man guilty of double murder

By JULIA DAIA BORE, The National
THE National Court in Madang has found one Seth Ujan Talil, who was indicted on two counts of wilful murder under section 299(1) of the Criminal Code, to be guilty on both counts.
The court however, reserved its decision to a later date following submissions on sentence by the lawyers from both sides.
Justice David Cannings, handed down the decision last Thursday, saying Talil was charged with the wilful murder of two brothers, Gunai Dodo and Gulali Dodo, at a mediation gathering at Gonoa village in the Madang district on Jan 19, 2006.
Cannings said: “I consider that the state has proven beyond reasonable doubt that the accused had a common intention with other persons – evidenced by the group attack and the severity of the wounds suffered by the deceased – to carry out the killing on those present at the gathering who were suspected of killing a schoolgirl.”
The judge said there was no evidence that the accused at any stage withdrew from the attack.
Talil had also denied having any intention of killing anyone at the gathering.
However, Cannings said there was  no evidence in any way that proved he withdrew from the intention of killing the suspects.
He said: “All elements of section 8 (of the Criminal Code) have been established by the state. The accused is, therefore, deemed to have committed the offences of wilful murder.”
Cannings said the state relied on sections 7 and 8 of the Criminal Code to argue that the accused should be seen to have committed the offence in respect to each of the deceased.

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