BY JENNIFER KUSAPA
A man alleged to have pushed another man down the slope at the Skyline area on August 27, 2016 has been convicted by the court.
Allen Owen was charged with one count of grievous harm.
Magistrate Aulanga said the evidence established by the prosecution has overwhelmingly shown no issue at all in relation to all the elements.
He said the defendant was well known to the victim. There is also no issue that his action was not justified in law and that it had rendered the victim suffered serious injuries that resulted in the permanent impairment to his right leg.
The evidence that was accepted shows that the defendant and the victim were both living at Choviri area and knew each other very well before the incident.
The allegation said on August 27, 2016, the victim, Joe Frazer Pitamama and his wife went to Girl-Guide area near the NPF Plaza. Whilst there, his father called his wife through mobile and advised her that if they return home, they should not drop at Skyline because some people from Shortland wanted to kill the victim. About 4pm of that day, they returned but dropped at Skyline.
After they got out from the bus, the victim went to pay cigarette whilst his wife was waiting for him at the roadside. That was the same side of the road that the US memorial was built. It was at that point that the defendant approached the victim and met him at the top of a slope.
Magistrate Aulanga said before the incident, he used to work as a carpenter. Now, his walking was imbalance and therefore no longer involved in carpentry works as used to before.
The medical doctor (Dr. Stephen Kodovaru) who examined the victim gave evidence on oath that the victim was x-rayed. He discovered that his right tibia bone that extended to his knee was broken. Being concerned for his blood vessels because of the swelling to his leg, he then inserted external fixtures/antenna/braces to support his broken leg. He was kept under close observation for about a month in the hospital. The reason for that long admission was for insertion of internal fixation of his right leg.
“Therefore, I find the prosecution has proven all the elements of this offence beyond reasonable doubt and therefore convict him as charged”.
The case is then adjourned to September 28 for sentencing submission.
