BY MELVILLE TITIULU
The Magistrate Court yesterday granted a postponement to the case against a man accused of attempted murder after it found that the accused was of ‘unsound mind’ and is ‘incapable’ of making his defence.
The accused is charged with attempted murder contrary section 215(a) of the Penal Code.
The offence attracts a penalty fine of life imprisonment maximum.
Attempted murder is only triable in the High Court. However, Section 144 (1) of the Criminal Procedure code gives powers upon Magistrates court to deal with these inquiries in the course of preliminary investigations.
Section 144 (2) of the CPC requires that if the court has the opinion that the accused is of unsound mind that he is not capable of making his defence, the court shall postpone further proceedings in the case.
Principal Magistrate Ben Alasia did convene to make an inquiry based on an application made by Prosecuting counsel Mr Steward Tonowane.
The Principal Magistrate did consider the forensic report prepared by Dr Paul Orotaloa, the medical report prepared by William Cain, the Psychiatric Nurse at Rove Central Correctional Centre, the conference report prepared by prosecutions and the courts record of the accused mental state.
In delivering his ruling yesterday, Alasia said:
“I have considered all the evidence before me and found that the accused is of unsound mind thus, he is not capable to make his defence.”
“I direct that this matter be forwarded to the Governor General for his consideration and compliance.”
The copy of the court’s finding will be forwarded to the Governor General (GG) by the DPP for his consideration wherein, based on the GG’s discretion, will then direct that the accused be detained in a mental hospital.
In the meantime, remand of warrant is extended for the accused to May 19, 2026.
This case illustrates the challenges of balancing criminal liability with mental health considerations within our criminal justice system.
It was alleged that Smith Pitisopa of Panarui village, South Choiseul, Choiseul Province at Panarui, Choiseul Province on August 12, 2025, armed with a knife, struck Mr Max Vaqalo on both hands and belly. The strikes on the belly produced a big wound which resulted in the victim’s intestine coming out accompanied with heavy bleeding.
Steward Tonowane from the Office of the Director of Public Prosecutions is prosecuting the matter while Oxley Limeniala represents the accused.
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