HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 311 of 2003

Regina

–v-

David Filia

(Commissioner R D Chetwynd)

Dates of hearing at Honiara: 14th to 17th March 2006

M McColm Esq and R Inomea Esq for the Crown
I Khan Esq for David Filia

JUDGMENT

Commissioner Chetwynd. On 15th February 2003 Martin Papaina fell from the first floor balcony of the Arania Store in Auki, Malaita Province. As a result of the injuries he received in that fall Mr Papaina died on 30th March 2003. The Defendant David Filia is accused of murdering Mr Papaina. The prosecution say that Mr Filia deliberately threw or pushed Mr Papaina from the balcony. The Defence concede that if it is proved that Mr Filia deliberately threw or pushed Mr Papaina from the balcony then he is guilty of murder.

The Defendant says that he did not deliberately push or throw the victim from the balcony. He accepts that he was fighting with Mr Papaina and that during the fight Mr Papaina fell. Mr Filia says that he saw the unfortunate victim climbing up onto the railing of the balcony and that before he could do anything he fell to the ground some 12 feet below. If I accept that then Mr Filia is not guilty of murder, indeed is not guilty of any offence except perhaps assault.

There is a halfway point between these two extremes and that is that Mr Filia did not deliberately push or throw Mr Papaina from the balcony but that the struggle between the two men caused Mr Papaina to fall. If I find that is what happened then Mr Filia would be guilty of manslaughter.

From questions I posed and the answers given by Counsel following final submissions, there appears to be agreement that what is set out above accurately reflects the law.

In reaching any decision in this case I cannot rely on supposition or possibilities. It is for the Prosecution to establish, to prove, beyond reasonable doubt that either there was a deliberate push or that the fight caused Mr Papaina to fall. If I am satisfied that the evidence adduced shows that is what happened then I can convict of murder, in the event of proof of a deliberate act, or manslaughter in the event of an “accidental” causation. If The Prosecution fail to prove any causational link between the Defendant and the victims fall then I acquit.

I heard from three eyewitnesses who gave differing accounts of what happened. Mr Nixon Daumola says he saw Mr Filia pick up Mr Papaina’s legs, lift them over the balcony rail and throw him to the ground. Mr Billy Tisa saw Mr Filia give Mr Papiana a straight armed push which caused the fall. He demonstrated a push with two arms at about chest height. The third witness Mr John Mae does not say exactly how Mr Filia caused Mr Papiana to fall he simply says, “I saw him (Filia) make him (Papaina) fall to the ground”. Later in his evidence he said that the Defendant, “fought (with the victim) and that’s why Mr Papaina fell down”.

The evidence was also somewhat confusing as to who was where at the time the victim fell. It is by no means clear that the three eye witnesses were on the balcony with a clear view of what went on. In particular Mr Daumola might well have been looking the “wrong” way when the fall occurred. There is a distinct possibility that he was arguing with Billy Tisa at the time. As a result of that argument Mr Tisa might well have been distracted too. Mr Mae on the other hand was trying to stop what was going on and I believe he was the closest to the area where Filia and Papaina were fighting. As I have indicated, Mr Mae gave evidence that the fight or struggle between the two men resulted in the fall from the balcony.

I am unable to say with the required degree of certainty that David Filia deliberately threw or pushed Mr Martin Papaina from the balcony. That being so I cannot convict him of murder. 

I am certain, beyond any reasonable doubt, that during the fight or struggle between the two men Mr Papiana fell from the balcony. I do not accept the Defendant’s evidence that he did nothing to cause the fall and that he even made some attempt to prevent it. I am sure that in the confined area of the balcony a violent confrontation took place. There was no deliberate push or other action by David Filia but he certainly caused Mr Papaina to overbalance and fall. He is guilty of manslaughter.

R D Chetwynd
Commissioner

17th March 2006