Lawyer challenges evidence against twenty-eight Sambio defendants

The defence for twenty-eight people charged over a deadly fight at Sambio village in Bulolo District has challenged the police case, arguing that key elements of the alleged offences have not been properly established.

Lawyer Anthony Karahure of Makeu Legal Services has asked the Lae District Court to strike out or dismiss the charges, citing alleged defects in the wording of the charges, the identification of the alleged offenders and delays in providing court documents.

The application was heard by District Court Magistrate Nasiling Bingtau on Monday.

The defendants were arrested following a fight at Sambio village, Mumeng, on April 26 that left 12 men dead and several houses and properties destroyed.

Twenty-three adult defendants and three juveniles face wilful murder charges, while two other adults face arson charges.

In his notice of motion, Karahure argued that police had not adequately established the alleged intentions of the defendants, identified the principal offender or offenders, or demonstrated the presence of each defendant during the killings.

He also questioned the delay in providing court files, arguing that the defendants had remained in custody for more than four months without their charges being fully explained to them.

Karahure relied on previous court decisions to support his application for the charges to be struck out or dismissed.

Magistrate Bingtau gave the prosecution time to respond to the defence submissions and reminded it that police hand-up briefs must be prepared and served on the court and defendants.

The prosecution is expected to respond when the matter returns to court on November 16. The substantive case will also be mentioned on that date.

All 28 defendants remain remanded at Buimo Prison. The court has yet to rule on the application.