BY ROMINAH FAKA
Court has ruled that the accused in an arson case is 18 years old, therefore an adult.
In delivering the ruling, court said prosecution failed to provide sufficient evidence to conclusively establish the defendant’s date of birth. Thus, court cannot rely on the crown witness who is the biological mother of the defendant, because of her inconsistent statements in court.
Therefore, court applied guidelines set out in the Court of Appeal case of R v Salemu, where court was satisfied that the defendant appears to be a person who is 18 years of age.
Defendant Thomas Pegoa is charged with one count of arson contrary to section 319 (a) of the Penal Code and he pleaded guilty to the charged.
On September 6, 2024, when the matter came to court for mention, prosecution and defence told court there was a disagreement with the age of the defendant.
Prosecution argued that the defendant was a 22-year-old adult while defence argued that the defendant was 16 years old.
Counsels then make application on the issue of the age and newton hearing was heard in court on October 22.
During the newton hearing the prosecution called one witness which is the biological mother of the defendant.
Yesterday counsels submit their sentencing and mitigation submissions and matter moved to December 18 for sentence. Remand for Pegoa extended.
The agreed facts stated, on the 2nd of July, 2024 between 1pm and 2 pm, the defendant willfully and unlawfully set fire to the complainant house, which was constructed with bush materials.
The complainant is the mother of the defendant.
The defendant had been drinking since the 1st of July, 2024 and just returned home the morning of the 2nd of July, 2024.
The defendant asked his mother to request the outstanding amount of $ 400.00 and a shell money owed to him by his brother-in-law, as part of the compensation for impregnant his younger sister.
The defendant was angry with his mother after she failed to bring back the $ 400.00 and a shell money from his brother in -law.
Defendant set the complainant house on fire by lighting coconut leaves with a match and placed the lit coconut leaves against the outside wall of the house.
The complainant house was completely burned to the ground. The total value of the complainant house is about $ 4000.00.
Sabrina Habu of the Office of Public Prosecution act for crown and Vincent Nomae of the PSO represent the defendant.
