BY MELVILLE TITIULU
The trial of two defendants charged with armed robbery with possession of firearm and ammunition which took place on Monday, March 2 and concluded on Tuesday, March 3 is awaiting defence to file an application for “no case to answer” due to insufficient evidence.
A “no case to answer” is filed by defence when a trial ends, if they feel that evidence provided by prosecution witnesses is insufficient to prove the elements of the charges made against the two defendants.
The defendants Chris Yambeyabbi, a PNG National and Eddie Maki, a Solomon Islander were both charged with armed robbery Contrary to Section 293 (1) (a) of the Penal Code, to be read with section 21 (a) of the same Act.
Chris Yambeyabbi is separately charged with possession of firearm and ammunition contrary to section 5 (2) (a) of the Firearm and Ammunition Act.
Both were allegedly involved in an armed robbery at the KGVI USP complex in East Honiara on December 23, 2022.
It is alleged that Chris and Eddie entered the China Harbour engineering department office and took valuable items worth $11,000 SBD and escaped.
The two were also alleged to have threatened a Bangladesh national who was there at the time with a homemade pistol.
The trial was heard before Principal Magistrate Mrs Hilly Elma Veenah Rizu at the Honiara Central Magistrate Court.
On Monday, the court heard whether or not the defendants robbed the complainant, Mr Su Sem on December 23, 2022.
On the following day, (Tuesday, March 3), the court heard whether or not the defendant, Mr Chris Yambeyabbi, on January 10 2023, at Burns Creek, was in possession of a firearm without having a firearm license at the time.
During the trial, prosecution called in three key witnesses to help prove its case.
Since one of the defendants is a PNG national, an interpreter, Mrs Lona Mareko, was called on oath to translate to the court and witness both in English, Pidgin and Tok Pidgin.
Paul Iromea, a civilian was called in on Monday, March 2, as Prosecution Witness 1 (PW1) and he gave recognition evidence in court based on CCTV footage of the day in question.
PW2 is Police constable Thomas Puahanikeni who gave evidence as to how his team of investigators came to find the homemade pistol.
PW2 was cross examined. Defence counsel put it to him that the place of raid was not even Yambeyabbi’s house.
The house in fact, belongs to one, Paul Pusau – to which PW2 confirmed.
PW3 is Mr. Philip Dagi, the inspector who examined the firearm on February 27, 2023 at the RSIPF Armory at Rove.
In cross examination, PW3 was questioned as to why he did not do a test fire to confirm whether or not the homemade gun was able to discharge shots.
In further cross examination, defence counsel put it to PW3 that none of his qualifications relates to improvised homemade weapons, only for manufactured weapons and that there was no DNA and finger printing examination done. PW3 after inspection did not prepare a scientific ballistic report to confirm.
At the conclusion of trial yesterday, defence counsel informed court of his intentions to make an application for a no-case to answer due to insufficient evidence for both charges.
The court asked for a proposed date and both parties agreed for Friday.
So, the matter has been adjourned for Friday, March 6 at 9:30am for the court to hear the no-case to answer application.
In the meantime, court has directed that defence file submission by 1pm on the Thursday March 5 and serve the prosecution as soon as possible with a filed copy.
Prosecution has also been directed by court to file submissions on March 6, at 9am.
Court also ordered bail extension for Eddie Maki and remand of warrant was also extended for Chris Yambeyabi.
Chris Yambeyabi’s translator was also asked to avail herself as the court will need her in attendance as well on Friday.
Jeremy Oiofa and Edward Roxley from the Director of Public Prosecutions are both prosecuting the case.
Mr. Pukera, Senior Defence Counsel from the Public Solicitors Office represents Chris Yambeyabi and Mrs Silas Senior Defence Counsel from the Public Solicitors Office represents Eddie Maki.
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