Kapris treated like ‘a terrorist’

By JAYNE SAFIHAO, The National

ALLEGED bank robber William Nanua Kapris told the National Court in Madang yesterday that his rights have been deprived and “I am being treated like a terrorist”.
Speaking in court before Justice David Cannings, Kapris said his rights had been deprived since his 25-month imprisonment at Bomana and that his human rights had been abused.
“Even in Madang, I am still under tight security,” he added.
“Our case is a big case. It’s our life, but I have not been allowed access to my lawyer David Dotaona.
“My family and I are willing to pay for travel and accommodation costs. I am being treated like a terrorist,” he told the court, adding: “I want to be treated like a normal state prisoner.”
However, Justice Cannings said: “This is not a human rights abuse case. If you have any human rights complaints, then you can bring it up with your lawyers, the same goes for the others with similar complaints.”
Kapris and 14 others were appearing in relation to the Madang BSP heist in 2008 during which K2 million was stolen and a substantial amount was yet to be recovered.
Cannings allowed an application by senior state prosecutor Pondros Kaluwin to adjourn the case to this morning.
Kaluwin expressed concern that the 10-day trial period was “not realistic”.
Asked why by Cannings, Kaluwin said this was because the matter had changed hands with different prosecutors as well as the need for him to speak to the defence counsel.
In his response, Cannings said: “We had a series of pre-trial earlier in the year. We originally set this trial for May but, due to your office’s slackness and lack of capability, we have been delayed. I had to personally ring the acting public prosecutor to sort this matter out. So, I will allow for tomorrow (today) at 9am.”
Then Cannings asked Kaluwin: “Do you think you will be prepared then?” When Kaluwin responded with a “we’ll see”, Cannings said: “That you will.”                                        
Kapris’ suspected accomplices, 14 (named) and all smartly dressed and mingling like in a high school re-union after the court, were represented by Lae-based state solicitor’s office, a private Lae-based lawyer and Dotaona.
The courthouse was cordoned off, including the provincial government building area, disrupting normal business as the public and people living along the Kina Beach residential area tried accessing the nearby offices to have a glimpse of proceedings.                       
Off duty policeman Sgt Joe Mbur said: “The temporary arrangement by concerned authorities is causing unnecessary inconveniences. Kapris should just be treated like any normal prisoner.”                                     
Reporters were not allowed to take photographs of the prisoners outside the court house.                                      
Police are on a 24- hour vigil around the courthouse area as a precautionary measure.

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.