Murderer’s 30-year sentence slashed, set for release on independence eve

Convicted wilful murderer Wedol Agua has successfully reduced his 30-year prison sentence to 12 years through a Supreme Court order.

His new release date is set for on the eve of Papua New Guinea’s 50th Independence anniversary.

Agua, initially sentenced on April 10, 2019, by the National Court, had his conviction and sentence quashed by the Supreme Court. However, the Supreme Court failed to specify how his pre-sentence custody period would impact his revised sentence.

This oversight led Agua to file a human rights application with the National Court before Justice David Cannings, claiming his constitutional right under Section 37(1) to know his release date with certainty.

Justice Cannings emphasized that prisoners have a right to know their exact release date and highlighted the judiciary’s responsibility to ensure clarity in sentence calculations.

On July 30, 2015, Agua was arrested, charged and detained in custody at Lorengau Police Lock-up, and remained in custody until he was released on bail granted by the National Court on February 24, 2017.

Agua remained on bail until he was convicted of wilful murder and sentenced on 10 April 2019.

The court, when upholding the human rights application, confirmed that Agua had 1 year, 6 months, and 25 days in pre-sentence custody from July 30, 2015 to February 24, 2017.

Using this period, along with a legal remission of one-third of his sentence (4 years), Justice Cannings recalculated his release date.

The court determined that Agua’s initial release date of April 10, 2031, should be reduced to September 15, 2025.

Justice Cannings clarified that the Correctional Service was not at fault, as court determination on sentencing was required to resolve the matter.

He has ordered the Bomana Correctional Institution to update its records to reflect the new release date.