BY MELVILLE TITIULU
Ruling on the ‘no case to answer’ application by defence in an armed robbery incident which took place at the KGVI USP complex in East Honiara on December 23, 2022, is awaiting court’s determination or ruling on the said application.
The matter was relisted for Friday, March 20 for Principal Magistrate Hilly Elma Veenah Rizu to make her ruling on the ‘no case to answer’ submission.
The awaited ruling comes after the Magistrate court last week Tuesday heard the ‘no case to answer’ application from defence counsels, representing the two defendants who were alleged to have committed the armed robbery incident.
Prosecution during its application submitted that the defendants still have ‘’a case to answer’’.
Chris Yambeyabbi, 37, a PNG national and Eddie Maki, 30, a Solomon Islander were jointly 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.
Mr Yambeyabbi is separately charged with possession of a firearm and ammunition contrary to section 5 (2) (a) of the Firearm and Ammunition Act.
It is alleged that the defendants entered the China Harbour engineering department office at KGVI-USP complex in East Honiara and took valuable items worth $11,000 SBD and escaped.
It is further alleged that the defendants threatened a Bangladesh national who was there at the time with a homemade pistol.
Two weeks ago, on Monday, March 2, 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 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, the prosecution called in three key witnesses to help prove its case.
At the close of prosecution’s case on Tuesday, March 3, defence informed court of intentions to make an application for a ‘no-case to answer’ due to insufficient evidence for both charges.
In the meantime, court has ordered bail extension for Maki and remand of warrant was also extended for Yambeyabbi.
Senior Prosecuting counsels, Jeremy Oiofa and Edward Roxley, from the Director of Public Prosecutions represented the Crown.
Senior Defence Counsel, Mr Ron Dickey Pulekera from the Public Solicitors office represented Chris Yambeyabbi while Senior Defence Counsel, Mrs Alice Silas from the Public Solicitors office represented Eddie Maki.
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