DC8022

PAPUA NEW GUINEA

CORONERS ACT

IN THE MATTER OF A CORONIAL INQUEST

AND

IN THE MATTER OF THE CORONIAL INQUEST INTO THE MISSING OF
MEMBER FOR NISSAN HONOURABLE CHERRY NAPTO
AND FIVE OTHERS

BUKA, AUTONOMOUS REGION OF
BOUGAINVILLE: B. TASIKUL –CORONER
DATE:01ST NOVEMBER 2021 TO 04TH MARCH 2022

ASSISTANT CORONER: JOHN PIAMU

REASONS FOR FINDINGS

A.	INTRODUCTION
The disappearance of a family member, relatives or friend is undoubtedly one of the most tragic and painful events a person can experience during his or her life time. Questions often arises in the wake of a person’s disappearance but, finding answers to these questions can be very difficult. Therefore, a coronial inquest is the legal process to assist the relatives to understand how and under what circumstance a legal declaration of death of a missing person.

B.	JURISDICTION
 My appointment as the Principal Magistrate of the Autonomous Region of Bougainville empowered me as the coroner of the region exercising the powers of the Coroner under s. 6 of the Coroners Act. On the 1st September, 2021the Attorney General of the Autonomous Bougainville Government Hon. Ezekiel Masatt advise my office to conduct this coronial inquest. 

The inquest commences the hearing in Buka on the 01st of November, 2021, then travelled to Nissan island, thereon continued to Namatanai in New Ireland Province and then completed the hearing in Buka on the 10th February, 2022. 

A total of sixty (60) witnesses were called to give evidence. 

C.	BACKGROUND
The brief facts on this matter are as follows: On Saturday 17th July, 2021 between 10-11am the boat that went missing departed Kute boat stop for Nissan island. They arrived at Maliliu island around 12.00 mid-day and stop over for short rest and lunch. They then departed Maliliu island for their way to Nissan, but they never reach their destination. On board are the following people;
                                                     
i.	Hon. Cherry Napto
Age: N/A
Occupation: Member for Nissan and Minister for Heath, ABG
Village: Sak Velley, Wapenamanda, Enga Province.

ii.	Flora Napto
Age: N/A
Occupation: Primary school Teacher
Village:   Lihon Village
Constituency: Nissan

iii.	Keith Napto
Age: N/A
Occupation: N/A
Village: Lihon village
Constituency: Nissan

iv.	George Raga
Age: N/ A
Occupation: Communication Engineer 
Village: N/A
Province: Central 

v.	Peter Mekeona 
Age: N/A
Occupation: Boat Operator
Village: Mapiri village
Constituency: Nissan

vi.	Terence Mekeona
Age: N/A
Occupation: Boat Crew
Village: Mapiri village
Constituency: Nissan

             Vii.      Benjamin Malesi of Tohatsi village, Buka was the only survivor. 

Nobody knew about the missing boat until on Monday 19th July, 2021 when the only survivor alerts the villagers at Pinapel island when he went ashore. The Bougainville Disaster officer was informed and a major search and rescue operation commenced. The search and rescue operation ended two-three weeks without finding any physical evidence or remains, of the missing people. The matter was then referred to police to carry out further investigations. 
                                                           
Due to the futile attempt in the search and rescue and added by the lack of progress in the police investigation, the matter was referred for a coronial inquest to be conducted to at least give some closure on the cause and circumstance of the disappearance of the Member for Nissan and five others.

C.THE LAW
1.	The coronial inquest derives its powers and function from the Coroners Act, 1953. Section 20 (1) state: 

     20. INQUIRIES RESPECTING MISSING PERSONS.
(1) Where–
(a) a person has been reported to a member of the Police Force as missing and the police have not found the missing person within the period of six months after the date of the report; or
(b) a Coroner is of opinion that such an inquiry ought to be held; or
(c) the Attorney-General directs a Coroner to hold an inquiry; or
(d) a person authorized for the purpose by this section requests a Coroner to hold an inquiry,
a Coroner shall inquire into the cause and circumstances of the disappearance of the missing person and into all matters and things that will reveal, or are likely to reveal, whether the missing person is alive or dead, and if the person is alive or likely to be alive his whereabouts at the time of the inquiry.
As stated above the Coroner has a mandate to inquire into the circumstances of the disappearance of a missing person(s) and determine whether the missing person (s) is alive or dead and if alive or likely to be alive the whereabouts at the time of the inquiry. In order to establish that requirement under s. 20 (1) it is necessary to consider all the evidences obtained from witnesses, statements, and exhibits tendered in the inquest. 

D.THE EVIDENCE
A total of sixty (60) witnesses were examined during the inquiry and a host of exhibits, statements, affidavits and photographs were tendered as part of the evidences. 
The conclusion reached and the findings will be based solely on what the inquest heard and received. 
There appears to be two possible scenarios to explain the cause and circumstances of the missing persons.                                  

The first scenario;                                               

1.	Did the six persons perish in bad weather?

a.	Weather Condition
There is overwhelming evidence from eye witnesses that the weather conditions on the 17th July, 2021 was bad. The only survivor and the main witness told the inquest of what actually happen.

He testified that when they departed Buka, the weather was fine. Around 2-3 pm when they were between Buka and Nissan in the open sea they started encountering rough sea and strong current. They were three kilometers away from Nissan island, when the waves crashed on to the boat from the bow resulting Mrs. Flora Napto jumping over board.

When seeing that the Skipper, slowed down the boat, however, due to squatting effect, the waves swamped into the boat and the boat immersed into the water due to excess weigh on board, and sank into depth.

All passengers started swimming with some clinging onto floating pallet from the boat. The survivor clinging onto a fuel tank while Terrence clinging onto another fuel tank. Both of them stacked together for sometimes until they separated due strong current. 

Both Terrence and the survivor were swept to the North Eastern part of Nissan island and Pinepal. Terrence had a GPS and when he checks their position they notice they were at the back of Nissan as they could see high rise mountain of Anir island.

When they got separated the survivor Benjamin Malesi was left afloat and on Sunday afternoon he floated ashore at Pinepel island, weak. He spent the night on the beach and the next day Monday 19th July, 2021 he met a gardener and was rescued and taken to the Nissan Health Center for medical examination.

Witness Alfred Sagolo who is they Headmaster of Nissan High School told the inquest that on that same date 17th July, 2021 he arranged for three other boats to transport the Nissan High School students to Nissan. However, due to bad weather they decided to overnight at Maliliu island. Even when they traveled on Sunday 18th July, 2021 the sea was still rough but they manage to negotiate the waves and arrived safely at Nissan.

This was further confirm by two other witness namely; Jeremy Rika and Mathew Kean, who were the skippers of the two boats that traveled on Sunday 18th July, 2021 with the Nissan High school students. 

Evidence from the Ben Kerri the Acting Chief Search and Rescue Coordinator, confirmed that there was a strong wind warning issued by the National Weather Services for all coastal waters including the Autonomous Region of Bougainville was issued on the 17th July, 2021. The same was echo by the Disaster Coordinator for Bougainville Mr. Sam Mark.

b.	Experience of Boat Ski
According to witness Marena Sansan the General Manager for Digicel Buka he didn’t have any objection for his Engineer travelling to Nissan with Peter as he knows Peter Mekeona was a very experience boat skipper. 

This was confirmed by other witness that Peter has been travelling this route for many years and even in bad weather he would arrived safely to his destination. He was also once a Police boat skipper some years back. There is no doubt that Peter is an experience skipper. 
                                                                
c.	Boat Capacity and Cargo
The boat use was a 23ft banana boat mounted with two 40hp engine. According to some witnesses evidence the boat was full to the capacity reaching the yellow mark as shown in the photograph tendered and mark as exhibit. The boat was also carry personal cargoes including, store goods and a 5 KV generator engine owned by Digicel.  Some witnesses testified that the boat was overloaded. 

d.	 Sea Safety Equipment 
The inquest was told that all the passengers had life jackets on except the skipper and his crew. However, whether these life jackets are those that are issued and sanction by the National Maritime Safety Authority. There was no evidence confirm what types of life jackets were used at that time.               

I now proceed to the next scenario

2.	Was there any foul play?
This is one of the contentious issues which gave suspicious to the missing person’s relatives. After two-three weeks’ contentious search and rescue by the Autonomous Bougainville Disasters teams including the engagement of the Papua New Guinea Maritime Rescue Coordinating Centre and other stakeholders nothing was found even, no debris from the missing boat except a 10 kg bag buai that was found by Allan Job on the 22nd July, 2021 some kilometers away from Pinepal island. 

 The relatives came up with many theories on what happen to the missing persons. From the information made available at the inquest there is allegation of sea pirates. It was alleged that a group of suspected people held them up at sea and shot them death. Their bodies were then transported to a river at soon, west coast Bougainville and fetch them to the crocodiles.  

These circumstances emerged not out of facts or supported by any tangible evidence. They surfaced because of what people heard from other sources. There were lot are hearsay evidence being disseminated across the region about what happen to the missing boat with its passengers. Most of the information was only rumors and speculation. 

This prompts Police to carry out further investigation. 

a.	Police investigation
There was no information about the incident that occurred on the 17th July, 2021 until on the 20th July, 2021 when rumors started to surface that there was an attack on the missing boat. Police then started carrying out their investigation. As the result of police investigation they detained a few people suspected as people of interest. 

Among those that were detained were Malcom Sahin, Marena Isidore, and Richard Bunei. There were others also been detained by police but this three were named as police witness. 

Malcom Sahin was the main witness as his statement was the first to be obtained by Officer Chris Mate. He was also interview by Chris Mate in the present of Delourdes Semoso at Semoso, s shop in Buka town. 

Malcom Sahin testified and told the inquest that whole story is a makeup by Delourdes Semoso and F/C Chris Mate. When he was interviewed by F/C Chris Mate on the 14th August, 2021 at Delourdes Semoso, s shop he was offered some money as bribery to admitted that he was involve with others for the killing of Hon. Member for Nissan Cherry Napto and others.

Malcom Sahin further told the inquest that F/C Chris Mate threaten him with a pistol to do as he tells him. 

Malcom Sahin was detained at Arawa Police cell on the 20th August,2021 and was continuous threated by Chris Mate. Chris Mate always pointed his pistol on him and told him to admit everything on the statement or he will kill him and his family.  

Malcom Sahin admitted that he was force and threaten by F/C Chris Mate to sign the statement which he fabricates to make it looks like it was true that the Hon. Chery Napto and others were kill at sea. 

Another witness Richard Bunnei whom police alleged that he was the skipper of the boat that dropped of the survivor at Pinepal island told the inquest that he doesn’t know anything about this incident. He testified that he gave police the truth version of where he was on the 17th July, 2021 but police refused to accept that truth and force him make a statement that will be consistent with Malcom Sahin statement.

He also told the inquest that he was brought to Kuruwina plantation to identified a grave yard where the bodies of the missing people were buried in which he doesn’t know anything about that. 

This was confirmed by Jemima Bunnei and Toreas Aquila whom they denied meeting Richard anywhere at Petats on 17th July, 2021.

The other witness police alleged that he has information on the list of names of people who were involve in the killing of the missing persons was Isidore Marena. He never gave any statement to the police. However, he testified that he was detained by police in Arawa and tortured by police. He was taken to various location in Arawa and Panguna and was threaten to kill him.

 He was shown some photos take on face book and told him to admit that this were the money they stole from the missing people that got missing on the 17th July,2021. He stood to his ground that the pictures were taken some years back.  

Apart from these witnesses there was no other police investigation conducted by police. They only relied on these three witnesses. 

b.	Mobile Phone Theory. 
There was allegation that a suspect was arrested in Namatanai who was in possession of a mobile phone belonging to George Raga a Digicel Engineer who is one of the missing person.

The inquest travelled to Namatanai in which three witnesses were called to give evidence how the mobile phone came to their possession. A witness Ronnie Sabulon told the inquest that sometime in September 2021 she was walking on the beach collecting sea shells when she came across a blue plastic bag. She picked it up and inside the plastic bag she saw a 300 ml coke and 2-liter water container. She also saw a mobile phone with a black cover.

She gave the plastic bag to her mother which they took the mobile phone home and took out the sim card and insert it in their mobile phone. When they did that they started receiving messages and calls.

They got scared and brought it to Konos Police station and gave it to the Police Station Commander. This was confirmed by witness Lekiu and the Konos Police Station Commander.

Another witness Edmond Mange told the inquest that sometime in 2021 he was out fishing in his village at Tanga island, Namatanai District when he came across a blue canvas, a white bucket lid and a yellow floater floating at sea. He picked them up and took them home. He didn’t know where they came from, but later Buka police went to Tanga and told him about an incident that happen on the 17th July,2021. Police then took those items.

E. DISCUSSION AND CONCLUSIONS
Given all the evidences before this inquest the question remains, what really happened to the six missing persons? Considering the two scenarios I have discussed above there is no substantial evidence to conclude that there was any foul play or bad weather was the cause of their disappearance. Even though there is overwhelming evidence of bad weather with rough sea there was no conclusive evidence of any dead bodies or any floating debris from the missing boat. 

Yes, there was this 10KG bag buai found by a witness some days after the incident floating, which was confirm to be from the missing boat and the mobile phone found at Namatanai, in New Ireland. However, had the boat perished or sank in bad weather there was a high likelihood there would be more debris or other floatable items would be found in the proximity of the area or nearby islands and villages. 

Furthermore, because some of the missing persons wore life jackets at that time of travel there was likelihood that some of their bodies would have been found floating at sea or washed ashore at nearby islands. 

 After two-three weeks of intensive search and rescue, the matter was then referred to police for further investigation. The investigation was focus on information received from their sources. Acting on that information some suspects were arrested and detained. However, those suspects denied any involvement or any criminal act done to the missing persons. 

They testified that all the information and statements obtained by police from them were all make-up stories. They were threatened, force, torture to make false statements, by the police. They were scared for their life and just make up those statements. 

So the question remains unanswered, what really happens to the six missing persons? The only person who has the answer and key to unlock this mystery is the survivor Benjamin Malesi. He is the only one who knows the truth of what happen to the boat and its passengers. He was one of the passengers in that boat that went missing.

Yes, there are many questions surrounding how Benjamin survived. Such question as to the number of hours and days he stays afloat at sea. The distant he drifted from near Anir island and back to Pinapel island. No serious injuries sustain when he came ashore on the rocky and rough beach on Pinapel. The strength he had to stay afloat at sea for more than 48 hours. This are some of the question that need answers. 

This questions will remain mystery and only the good Lord will have the answers. 

Yes, from evidence adduce from witnesses mainly relatives of the missing persons, were more focus, on that there was foul play involve. There were speculations that those who were involve are the same people that were engaged by the Bougainville Disaster office to conduct the search and rescue. This were mere allegation, that have no substantive facts to support this allegation.

Nevertheless, my findings will be based on the totality of the evidence available to the inquest and the conclusions reached thereon. As I have mentioned above Benjamin Malesi holds the truth of what happen. Despite, too many question in peoples mind of what happen I make my findings.

F. FINDINGS:
With no substantial evidence before this coronial inquest I rule that foul play may not be cause of the missing persons. Thus, with overwhelming evidence of bad weather and rough seas at that time, hence, with evidence from the only survivor I am satisfied and I of the view that it is safe to conclude that the missing boat submerge into the sea. All those missing persons may have drown or carry away by strong wind and current.  

May I make mention here that my finding does not affect any further investigation by police if they have new evidence available before them to warrant any criminal prosecution. 

G. DECLARATION
The Coroner Act is silent on how many weeks; months or even years will take before it can declare a missing person is presumed dead. It is now more than seven months since they went missing and it would not be possible for any of them to be still alive today. For this reason, I will now declare the following missing persons as dead namely;

                                                     
1.	Hon. Cherry Napto
Age: N/A
Occupation: Member for Nissan and Minister for Heath, ABG
Village: Sak Velley, Wapenamanda, Enga Province.

2.	Flora Napto
Age: N/A
Occupation: Primary school Teacher
Village:   Lihon Village
Constituency: Nissan

3.	Keith Napto
Age: N/A
Occupation:
Village: Lihon village
Constituency: Nissan

4.	George Raga
Age: N/ A
Occupation: Communication Engineer 
Village: 
Province: Central 

5.	Peter Mekeona 
Age: N/A
Occupation: Boat Operator
Village: Mapiri village
Constituency: Nissan

6.	Terence Mekeona
Age: N/A
Occupation: Boat Crew
Village: Mapiri village
Constituency: Nissan

It must be noted that the purpose of this inquest is to ascertain the faith of the missing persons and not to point fingers to who is at fault or is responsible for the disappearance of this missing persons, but to avoid further repeat of such incident. Therefore, I will make recommendation that appropriates measures must be taken by relevant Authorities.

H. RECOMMENDATION
In conclusion, I deem it is appropriate to make the following recommendation for consideration by the appropriate relevant authorities. 

a.	That the Autonomous Bougainville Government should take ownership of the Small Craft Act, 2011 and have it implemented through the establishment of a Provincial Small Craft Registration Board, which will regulate the operation of all the small craft operating within the Autonomous Region of Bougainville or;

b.	Because of the political arrangement Bougainville is going through, the Autonomous Bougainville Government should pass its own law to regulate the operation of all the small craft operating within the region. 

c.	Autonomous Bougainville Government should create a Secretariat or Directorate within the Community Government Department to enforce the laws under the Small Craft Act or whichever legislation to be pass by the Government. 

d.	Provide a reliable, and safe shipping services to the Atolls and other coastal Districts.

e.	Create a Maritime Divison within the ABG Technical Services Department to manages whatever shipping services that may be in future.

Bruce Tasikul
Principal Magistrate
Coroner