BY MELVILLE TITIULU
Ruling on the ‘no case to answer’ application by defence in an armed robbery case is set for tomorrow, Friday, March 13.
Magistrate court on Tuesday, March 10, heard the ‘no case to answer’ application from defence representing two men accused of armed robbery at the KGVI USP complex in East Honiara on December 23, 2022.
The no case to answer application was heard before Principal Magistrate, Hilly Elma Veenah Rizu.
Chris Yambeyabbi, 37, a PNG national and Eddie Maki, 30, a Solomon Islander were jointly charged with armed robbery.
Yambeyabbi is separately charged with possession of a firearm and ammunition.
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.
Defence for Yambeyabbi questioned the blurred quality of the CCTV footage saying that there is no evidence to point out that it was actually [Yambeyabbi] that was seen on that footage.
As to prosecution witness 3 (PW3), defence said, “there is insufficient evidence as there was no forensic ballistic report prepared to link the alleged homemade weapon used to Chris”.
Defence for Maki spoke more on the required legal test for a no case to answer that– “PW1 recognition evidence is insufficient to render a conviction”.
Prosecution highlighted the credibility of prosecution witness 1 (PW1) saying that PW1 during trial, gave recognition evidence in court based on CCTV footage of the day in question.
PW1 said he recognised the two men in the CCTV footage as Yambeyabbi and Maki because he knew their body ‘structure’ and ‘shape’.
When PW1 was asked as to how he recognised Maki, he said “he knew Eddie as they resided in one area- Burns creek”.
As to the issue of possession of firearm, prosecution said PW2 testified that the homemade gun was found in his possession.
The homemade gun has ‘’no safety mechanisms’’ as it was poorly constructed hence not safe to conduct a test fire when it was brought for PW3 to conduct its inspection at the Rove Amory to determine whether it was capable of discharging shots or not.
Prosecution told court that PW3 is a qualified expert in short gun, sniper rifles and firearms.
Therefore, prosecution said the defendants still have a case to answer.
The matter was adjourned for Friday, March 13 at 9.30am for ruling on the no case to answer.
In the meantime, court has ordered bail extension for Maki and remand of warrant was also extended for Yambeyabi.
Senior Prosecuting counsels, Jeremy Oiofa from the Director of Public Prosecutions represented the crown. Senior Defence Counsel, Ron Dickey Pulekera represented Yambeyabbi and Senior Defence Counsel, Alice Silas represented Maki.
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