BY ROMINAH FAKA
The High Court has ruled that the two defendants in the Dragon Pub murder case have a case to answer, following submission of No Case to Answer (NCTA) by defence.
The ruling was delivered on Monday, July 21, 2025 by Judge John Keniapisia.
Paul Daoburi, 35, and his co-accused James Solomon Kai, 21, are jointly charged with one count of murder contrary to section 200 of the Penal Code and both have pleaded not guilty to the charge.
During the course of the trial, which concluded on June 26, 2025, the prosecution called six witnesses and tendered nine exhibits by consent.
Following this, defence announced its intention to apply for a no case submission, arguing that the evidence presented by prosecution was weak and insufficient to warrant a response from the defendants.
However, in delivering the ruling, court said that prosecution had produced sufficient evidence to establish the five elements of the offence of murder.
The medical evidence presented by the doctor indicated that the deceased died as a result of being struck on the head with moderate to severe force by two hard objects, a snooker stick and a bottle beer used by the defendants Kai and Daoburi.
Accordingly, the court was satisfied that both Kai and Daoburi have a case to answer, pursuant to section 269 of the Criminal Procedural Code Act.
The trial will continue, and both defendants are required to present their defence.
Allegations said the deceased and his colleague, along with the colleague’s wife, went to Dragon Pub on the night of May 16, 2024 for drinks.
Sometime between 12am and 1am, an argument broke out between the deceased and a group of men following an assault on his colleague’s wife in which a bottle was allegedly smashed against her head causing her to fall to the ground unconscious.
It was alleged that during the course of argument the deceased took out and applied pepper spray on the group of men he was arguing with.
The deceased was later dragged out of the pub by an off-duty security, defendant Daoburi.
Prosecution alleged that at the time of incident, Daoburi was in possession of a snooker stick, which he used to strike the deceased on the head with.
Kai was also at the Dragons Pub area. He was in possession of a bottle which he allegedly used to hit the head of the deceased with.
Following the assaults, the deceased was rushed to the National Referral Hospital (NRH) but upon arrival, was pronounced dead.
The prosecution case aims to prove that the actions of the defendants directly led to the death of the deceased.
Patricia Tabepuda Waisanau together with Martha Mutukera are prosecuting and Hubert Fugui of HOF Law Chambers act for Kai and Oxley Limeniala from PSO act for Daoburi.
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