Court rules out ‘no case’ submission

The Supreme Court has ruled out Henriette Yatipu’s ‘no case’ submission yesterday, forcing the counsel to make submissions prior to the verdict that will be delivered today.

Defendant Yatipu chose to remain silent after her submission was turned down and did not call any witness before the councils proceeded to the submission.

The prosecution also asked for more time to prepare their case and this was also turned down.

They submitted that the court should believe the evidences of the prosecution witnesses, including that of John Harold, the security officer at the night club.

They said the evidences showed Mr Harold followed Ms Yatipu to the bus to stop her because she was drunk. But during the trial Justice Daniel Fatiaki said that alcohol was never part of their case to which they agreed with.

They said Mary Massing’s evidence should be taken into consideration, including Corporal James Bila and Sergeant Roland Malesu who left his post at the Point Cross Police Post in Pentecost to come to Port Vila for the trial.

Defense lawyer Avock Godden said that there were doubts in the prosecution evidences. He said the prosecution went as far as to ask the court not to rely on some of their witnesses.

Present at the court yesterday were family members of the deceased who want to see justice for their relative.

The Supreme Court has reserve its judgement for 3pm.

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