BY JENNIFER KUSAPA
Court is confused why a defence lawyer is not pleading self-defence when evidence and sworn statements say there is a case for it.
Principal Magistrate Fatimah Taeburi found this peculiarity in an assault case on Wednesday 23rd November 2022.
She said having read through the agreed facts, it is clear that it was the complainant who displayed an aggressive attitude in the matter, and that the defendant appears to have acted in self-defence.
She suggested to the defence lawyer to rethink the defendant’s guilty plea.
The incident occurred on June 4 this year, in which the defendant allegedly assaulted the complainant with a knife.
Carlos Waihunu pleaded guilty to unlawful wounding yesterday.
But, Ms Taeburi questioned the defence lawyer why defence has not raised the issue of self-defense on the case.
Taeburi said according to the facts the defendant approached the complainant and others who were drunk and arguing, and told them to listen and have their rest.
It was at that time the complainant told the defendant to mind his own business – at that time the complainant approached the defendant holding a knife in his hand.
She said the way the agreed facts are presented, the complainant is the one who was aggressive at the time of incidence, and as a result the defendant struck the knife at the back knee of the complainant.
“You people should know what the evidence in this case and if self-defense is the issue on this case, then I don’t understand as to why the defendant is pleading guilty to the charge, because in law a person has the right to defend himself,” Taeburi told the defence lawyer.
Therefore, the case was adjourned to November 25 to allow defence to re-visit the facts and address the issue of self-defense, also for sentencing and mitigation submission.
This case occurred at Marble Street in Central Honiara on June 4, 2022.
The allegation says the defendant struck the complainant’s back knee which caused injuries on the complainant.
The case was reported to police and the man was arrested and charged for one count of unlawful wounding.