BHOSIP Kaiwi is to stand trial in the National Court for torturing his wife, Jenelyn Kennedy, to death last July.
Waigani committal court magistrate Tracy Ganaii on Friday told Kaiwi that he could appeal her ruling if he was not satisfied with his committal to trial on the murder charge.
Ganaii ordered Kaiwi to appear for listings on June 7 because his defence statement did not affect her ruling.
She said the issues Kaiwi raised in his Section 96 statement were already dealt with but if he was still not satisfied, he can appeal in an appropriate court. “The issues raised on unlawful detention due to withdrawal of the unlawful murder charge and tendering of additional evidence had been addressed by this court in separate rulings already,” she said.
“I adopt those reasons and rulings and the charges were substituted and murder charge was presented.
“In brief, the additional statement tendered on sufficiency of evidence had been dealt with previously in separate rulings.
“The issue you raised on the media trial, and where you said that the court had noted this, I say yes, the court had mentioned that.
“But I went on to say in my ruling that, that ruling that I delivered on Section 95 was made based on a consideration of evidence only in the police hand-up brief.”
“Where you stated that the autopsy report did not pinpoint the cause of death, I made those findings in my Section 95 ruling that the medical report of Dr Seth Fose showed that the cause of death was as a result of head injury and bruised internal organs, contained on page 188 of the police hand-up brief.
“According to my ruling, the autopsy report did establish a cause of death, and based on that and other evidence, I made a prima-facie finding that there is sufficient evidence.
“Where you said the investigations and proceedings so far had been unfair, I respond by saying that you have been given the opportunity and through your lawyer you have raised those issues already in submissions that I have responded to and ruled on and you have raised this again.
“It appears to me that you are still not satisfied with the ruling and the proper course for your lawyer to take is to appeal the ruling or file other appropriate proceedings before appropriate courts.”
Kaiwi will remain in custody to await the trial.
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