Palau Legal News: 3rd Jury Trial Verdict Guilty of Aggravated Assault
Island Times
May 23, 2014
DEFENDANT IN SPEARGUN MURDER CASE CONVICTED OF AGGRAVATED ASSAULT
Paul Annes, the defendant in the celebrated spear gun murder case, was found not guilty of Murder and Voluntary Manslaughter. The eight-person jury trying the case only found Annes guilty of the lesser charge of Aggravated Assault. The verdict was rendered by the jury yesterday morning. The jury’s decision came out after a one-day deliberation. The trial concluded on Wednesday, May 20, with both parties presenting their closing arguments and instructions to the jury.
The Republic was represented in the case by Assitant Attorney-General Edward Brosette, while noted defense counsel Oldiais Ngiraikelau was lawyer for Defendant. Chief Justice Ngiraklsong presided over the trial. The Chief Justice also presided over the previous two jury trials held in this island nation. During the trial, which lasted for two weeks, the defense presented 10 witnesses, including several police officers. The prosecution, on the other hand, presented 12 witnesses, which included the same police officers who testified for the defense.
While the prosecution argued that murder was committed by the Defendant, the defense presented Annes’ actions as an act of self-defense. During the course of the trial, the defense and the prosecution disagreed over the appropriate standard for determining whether a defendant acted in self-defense under the current law of the Republic, prompting the Chief Justice to issue a ruling on the matter. The two sides also disagreed whether or not a defendant has a duty to retreat when in his home or yard.
The prosecution argued that a person may not use deadly force in self-defense if an avenue of safe retreat is available. The defense on the other hand, says that the law imposes no duty to retreat upon a person who is in his home. On May 13 Order, sided with the defense and said that the near-universal rule in the United States (US) is that there is no duty to retreat while in one’s home or in the private areas immediately surrounding one’s home. The ruling further says that Defendant, while in his home or yard, was not required to take advantage of any path of retreat available to him before he could use deadly force in self-defense.
Annes was earlier charged for the death of one Solomon Masao who succumbed to his wounds after being hit by a spear gun in the body. The alleged crime occurred on July 20, 2013 in Iyebukel Hamlet, Koror. Masao died two days later at the Belau National Hospital. Annes was charged before the Supreme Court with three counts of Murder in te Second Degree, Voluntary Manslaughter, and Aggravated Assault. Annes fired the spear gun at Masao after the victim followed the Defendant to his house after an earlier altercation at the Q-Balls Bar and Restaurant. The Defendant told the responding police officers that Masao was throwing rocks at his house, prompting him to take his spear gun outside and warn the victim to leave or else he will harm him.
Annes said that while he spoke to Masao, he saw him took something at his side, but could not see what it was. Thereupon, he shot Masao with the spear gun.
The date of the sentencing has yet to be set. Aggravated Assault is classified as a felony and upon conviction thereof an offender shall be imprisoned for a period of not more than 10 years.
The case, which is dubbed the “Spear gun Murder Case”, is the third jury trial in this country. The first jury trial was on the killing of a Filipina worker, Virginia Galo, in 2011. One Amador Misech was convicted by the jury and sentenced to 30 years imprisonment. The second jury trial was on the attack on Bem Ermii Burger Shop worker Nehemiah Pamintalan. One Zylden Yano was convicted for that attack and sentenced to 30 years imprisonment.
May 23, 2014
DEFENDANT IN SPEARGUN MURDER CASE CONVICTED OF AGGRAVATED ASSAULT
Paul Annes, the defendant in the celebrated spear gun murder case, was found not guilty of Murder and Voluntary Manslaughter. The eight-person jury trying the case only found Annes guilty of the lesser charge of Aggravated Assault. The verdict was rendered by the jury yesterday morning. The jury’s decision came out after a one-day deliberation. The trial concluded on Wednesday, May 20, with both parties presenting their closing arguments and instructions to the jury.
The Republic was represented in the case by Assitant Attorney-General Edward Brosette, while noted defense counsel Oldiais Ngiraikelau was lawyer for Defendant. Chief Justice Ngiraklsong presided over the trial. The Chief Justice also presided over the previous two jury trials held in this island nation. During the trial, which lasted for two weeks, the defense presented 10 witnesses, including several police officers. The prosecution, on the other hand, presented 12 witnesses, which included the same police officers who testified for the defense.
While the prosecution argued that murder was committed by the Defendant, the defense presented Annes’ actions as an act of self-defense. During the course of the trial, the defense and the prosecution disagreed over the appropriate standard for determining whether a defendant acted in self-defense under the current law of the Republic, prompting the Chief Justice to issue a ruling on the matter. The two sides also disagreed whether or not a defendant has a duty to retreat when in his home or yard.
The prosecution argued that a person may not use deadly force in self-defense if an avenue of safe retreat is available. The defense on the other hand, says that the law imposes no duty to retreat upon a person who is in his home. On May 13 Order, sided with the defense and said that the near-universal rule in the United States (US) is that there is no duty to retreat while in one’s home or in the private areas immediately surrounding one’s home. The ruling further says that Defendant, while in his home or yard, was not required to take advantage of any path of retreat available to him before he could use deadly force in self-defense.
Annes was earlier charged for the death of one Solomon Masao who succumbed to his wounds after being hit by a spear gun in the body. The alleged crime occurred on July 20, 2013 in Iyebukel Hamlet, Koror. Masao died two days later at the Belau National Hospital. Annes was charged before the Supreme Court with three counts of Murder in te Second Degree, Voluntary Manslaughter, and Aggravated Assault. Annes fired the spear gun at Masao after the victim followed the Defendant to his house after an earlier altercation at the Q-Balls Bar and Restaurant. The Defendant told the responding police officers that Masao was throwing rocks at his house, prompting him to take his spear gun outside and warn the victim to leave or else he will harm him.
Annes said that while he spoke to Masao, he saw him took something at his side, but could not see what it was. Thereupon, he shot Masao with the spear gun.
The date of the sentencing has yet to be set. Aggravated Assault is classified as a felony and upon conviction thereof an offender shall be imprisoned for a period of not more than 10 years.
The case, which is dubbed the “Spear gun Murder Case”, is the third jury trial in this country. The first jury trial was on the killing of a Filipina worker, Virginia Galo, in 2011. One Amador Misech was convicted by the jury and sentenced to 30 years imprisonment. The second jury trial was on the attack on Bem Ermii Burger Shop worker Nehemiah Pamintalan. One Zylden Yano was convicted for that attack and sentenced to 30 years imprisonment.