PP withdrew murder charges on Tebakor case
TWO man who have been charged for killing an old man in Tebakor on March 12, 2016 have been acquitted of one count each of intentional homicide.
Roy Pakoa and Simon Willie have been charged after the prosecution’s principal witness Steven Gregory( also known as Faly) made a formal statement last year claiming he was present when the duo assaulted a pedestrian who found dead in the next morning.
Faly then told the court that he lied to the police with his statement and said that he was scared that the police officers had a threatening attitude towards him and used threatening words to him.
“Counsel representing the Public Prosecutor Tristan Karae had asked him some questions saying that Faly claimed that there was a fight that led to the victim being bashed to death but he said that there was no fight.
Justice JP Geoghegan said that Faly only said that when the victim was walking towards them then a bus also approached and they managed to spot the victim and that is when they saw him fell and they ran towards him.
He said Faly changed the whole context of his story claiming they were discussing with Pakoa and Willie for about an hour when they saw the man fall and they ran to save him.
Justice Geoghegan said that on Faly’s initial story, he claimed that he was near Tebakor School when the victim was approaching and Pakoa and Willie walked towards him an asked for cigarettes and money.
He said that the victim refused to give them what they wanted before they assaulted him to the extent that he sustained serious head wounds and died.
He said that they allegedly took his body to a nearby nakamal and left him there.
But after hearing all this Justice Geoghegan said it was clear that other witnesses would be called to the trial and if the court could not accept Faly’s evidence then the prosecution’s case is doomed.
He said that Mr Karae applied for Faly to be classified as a hostile witness but Justice Geoghegan declined to make the
declaration because it appeared that in fact Faly was cooperating with Mr Karae and acknowledging freely.
He said that Faly did not appear to him at any point that he was exhibiting what is usually referred to as a lack of veracity when giving evidence unfavourable to the party who called him.
That forced Mr Karae to withdraw his case and drop all charges against Pakoa and Willie.