By Alfred Sasako

WE may never know why winning candidates John Moffat Fugui and Jamie Vokia were singled out in election petition rulings following the National General Elections on 3^rd April last year.

Both men were the only winners removed from their parliamentary seats in controversial High Court rulings by use of a repealed Act.

Rulings by Justice Rex Foukona and Justice Immanuel Kohouta on the two election petition cases respectively have in fact raised more questions than answers. Written defence which appeared in letters to the editor columns by the Registrar of the High Court, Myonnie Tutuo, convinced no one but herself and those who support her view.

In the latest election petition ruling, Queen’s Counsel, Justice Terence Higgins, appears to have shot to pieces such a defence that the matter had been adequately dealt with by the High Court. It was not.

The crunch of the controversy is the application or use of a repealed Act or its provision to pass judgement against the two gentlemen. The argument simply does not stack up.

“It should be noted that, as a matter of statutory interpretation, the repeal of an Act or a provision thereof leaves the common law as it was before that Act was passed,” Justice Higgins said in a judgement on another election petition on Friday.

“It does not revive previous statute law,” he said.

So were the judgement against Mr. Fugui and Mr. Vokia – judgements without charge, prosecution and conviction – merely a cover-up for a much larger forces at work?

And is the cover-up intended to stop Solomon Islands and China from normalizing diplomatic relations?

Indications are that the removal of Mr. Fugui and Mr. Vokia from Office is the sum-total of this power-play which many unsuspecting Solomon Islands nationals, often used to being pulled by the nose, know little or nothing about.

To understand the background to all this, it may help to go back to the beginning. Support for normalizing diplomatic relations between Solomon Islands and China was gathering momentum from mid last year. The move irritated Taipei immensely. Solomon Islands’ traditional allies such as Australia and the United States felt equally uncomfortable.

So Taiwan got to work, allegedly offering money to politicians to keep its four decades old relations with Honiara intact. The Taiwanese Embassy in Honiara even went to the extent of drafting a letter of support for Taipei.

About 13 MPs, including senior government ministers, signed the letter, which the Embassy deliberately leaked to the media. It hit the headlines.

An investigation by Island Sun found that the text of the letter was in fact prepared by the First Secretary of the Taiwanese Embassy in Honiara. The move worked against Taiwan.

For when Prime Minister Manasseh Sogavare got a copy of the email circulating the text, it was the last straw on the camel’s back on the Solomon Islands-Taiwan relations.

Prior to the switch last September, Prime Minister Manasseh Sogavare set up a parliamentary bipartisan committee to investigate the pros and cons of the proposed switch.

Mr. Fugui was promptly appointed Chair of the Committee. Mr. Vokia became his Deputy. The 10-Committee members visited the Pacific Island Nations that have diplomatic relations with Beijing. Their brief is to compare China’s support in those countries in terms of infrastructure development versus Taiwan’s cash diplomacy.

The Committee began in Vanuatu. Two days later they were in Fiji to take the first eye witness account of what China had done there in terms of infrastructure development. Their next destinations were Tonga to be followed by a visit to Apia, Samoa.

While they were in the Fiji’s capital, Suva, something very interesting happened. An investigation by Island Sun has confirmed that the Committee received a diplomatic cable, ordering the visit to Nuku’alofa, Tonga be aborted. Committee members were to return immediately to Honiara.

According to committee members, the terse explanation for the recall was no senior officials would meet the parliamentary committee. The cable was from none other than the Permanent Secretary of the Ministry of Foreign Affairs and International Trade, Colin Beck. Before taking up the post, he was Solomon Islands’ High Commissioner to Australia, based in Canberra.

But who might be behind the cable? No one seems to know.

The Committee defied the order and traveled on to Nuku’alofa. Contrary to the contents of the cable, the Committee met with senior government officials including a member of the Royal Family of the Pacific Kingdom.

To get to Samoa, Committee members had to travel back to Nadi, Fiji, where there are direct flights to Apia. In Nadi, yet another diplomatic cable was waiting. The diplomatic note simply asked the Committee to discontinue the visit to Apia, citing lack of accommodation, owing to the Pacific Games there at the time.

Again, the Committee defied the return-to-Honiara-immediately instruction and traveled to Apia where they were met by senior government ministers and officials. So who was behind all the futile diplomatic notes?

Could it be Prime Minister Sogavare trying to undermine his Government’s own Committee? Or was it Taiwan, Australia and the United States behind these bizarre diplomatic cables?

Is it possible that Mr. Fugui’s and Mr. Vokia’s removal from their parliamentary seats the punishment for pushing Solomon Islands’ foreign policy change? Is it possible too that the High Court might have been used to remove both gentlemen from Office to avoid suspicion?

Now, a third winning candidate, Anthony Veke, is staring down the same fate.  As Premier of Guadalcanal Province before entering national politics last year, Veke was a pro-China advocate.

He is now a staunch supporter of the switch to China last September when Caucus voted 27 for the change, six MPs including former deputy prime minister John Maneniaru, abstained. They were sacked immediately after the vote.

The High Court has postponed the ruling on Mr. Veke’s election petition four times this month, prompting his supporters to ask why. The alibi for the indefinite delay is that the judge is having eyesight problem, reading.

Is it really? Or is there a much more sinister motive behind all this?

We may never know.

By Alfred Sasako

CHINA’s Charge d’affaires Yao Ming this week addressed doubts and misinformation that Chinese-made facial masks and test kits to fight the COVID-19 pandemic were unreliable.

Speaking at the Exchange of Notes ceremony in Honiara on Wednesday, Ambassador Yao said much of the doubts were based on misunderstanding by recipient countries that were not familiar with the use of test kits in particular.

These misunderstandings have now been dealt with and recipient countries across Europe and Asia have conveyed their gratitude, thanking China for its help during the on-going COVID-19 pandemic.

The misunderstanding began in Spain in March this year when it was claimed the test kits bought from a Chinese company called Bioeasy is fake, despite the fact that all the test kits were already certified by the European Union (EU).

“The trick is, just as the Chinese company later clarified, Spanish medical staff’s operation is strictly binding to the instruction. After the Chinese company helped solved this problem, Spanish side decided to continue purchasing goods from this company, according to one report. 

Spain has since bought $467 million worth of medical supplies from China, its Health Minister reportedly said.

Officials in Slovakia too questioned the reliability of the quick coronavirus test kits purchased from China. But it turns out Slovak medical workers used these antigen test kits incorrectly with a preceding method applicable to nucleic acid testing, which led to the inaccurate results, Ambassador Yao said.

Ambassador Yao’s explanation is supported by other independent reports on China’s role in the fight against the global pandemic.

For example, after the apparent misunderstanding was solved, Slovak foreign ministry thanked China for its help at a difficult time, saying it appreciated China’s assistance in exporting medical supplies to Slovakia. Nearly the same stories happened in the central European country of Czechoslovakia, the Netherlands, and the Philippines, he said.

In the United States, President Trump said in a recent White House press briefing that Chinese testing kit, PPE have good quality because “we test it. We look (at) it. We check it out.”

Czech President Zeman had also expressed his support for Chinese made medical goods, saying “After consultation with my Ministers of Health and Internal Affairs, I was told Chinese medical supplies have very good quality. Those who took only one defective mask from a million and declaring all are defective, are saying nonsense and should apologize.”

The facts speak for themselves in terms of China’s contribution to the fight against the COVID-19.

Almost every country severely affected by COVID-19 has kept purchasing from Chinese companies. For example, a commercial aircraft carrying 80 tons of gloves, masks, gowns and other medical supplies from Shanghai touched down in New York on March 29^th, the first of 22 scheduled flights.

The Cabinet Office Minister of the United Kingdom said the government is purchasing 300 new ventilators from China.

“The French government announced it had ordered one billion masks from China and 100 tonnes of medical supplies. Following a highly publicized hunt for supplies amid mounting criticism from local authorities and hospitals, Czech government officials greeted a flight from Shanghai carrying 1.1 million FFP-2 level respirators bough from China on 20^th March.

“A historic flight, the first of 10 flights to Beijing to deliver PPE to Ireland as part of a €208m deal, has landed back in Dublin, the report said. 

Big companies, too, are moving.

Airbus continues to purchase and supply millions of face masks from China, the large majority of which will be donated to governments of the Airbus home countries, namely France, Germany, Spain and the UK.

Closer to home, West Australian iron ore magnate Andrew Forrest’s Minderoo Foundation has bought 90 tonnes of medical supplies from Chinese suppliers. These are being flown into Perth to be distributed across the state and then Australia. 

The Chinese government and its Embassy in Solomon Islands have clarified similar concerns about Chinese medical goods being provided to Honiara.

According to Chinese Xinhua News agency, China has actively joined hands with the rest of the world to stem COVID-19, with the exports of medical supplies registering 10.2 billion yuan (about $1.43 billion) between March 1 and April 4 this year.

The items of medical supplies include 3.86 billion face masks, 37.52 million protective suits, 2.41 million infrared thermometers, as well as ventilators, testing kits and goggles.

BY JENNIFER KUSAPA

GOVERNMENT will impose heavy punishment on people who cross the border between Solomon Islands and Papua New Guinea.

Acting Police Commissioner Mostyn Mangau said since the Government has declared the Border between SI/PNG as an emergency zone people who breach regulations will be penalised with a hefty fine and imprisonment.

He said Royal Solomon Police Force officers are already at the Border with health, Customs, immigration and biosecurity officers to look after the border.

Mangau said since there were already confirmed cases of coronavirus in PNG the Western Border is of high risk and the Government has declared emergency zone at that area.

He said any vessel or small crafts or boats crossing that border are prepared to face the penalties of SBD1million or 20 years or serves both punishments.

Mr Mangau said people at the Western Border must cooperate with the Government and the agencies in preventing COVID-19 not to reach our shores.

He said police will only there to ensure that those regulations are being abided by but it is the support from the people and communities will help police and other agencies in preventing such virus not to enter the shores of Solomon Islands.

Mangau said Police officers are there in numbers and if anything may arise more officers will be deployed but currently there are more than 30 officers already at the Border.

By EDDIE OSIFELO

MINISTRY of Finance and Treasury has paid the $2500 travelling allowances to public servants, who are taking emergency leave due to the coronavirus.

Permanent Secretary, Dentana Mckinnie confirmed this to Island Sun yesterday saying the allowances are paid through payroll and all public officers should have received their travel allowances yesterday [Thursday, April 16].

Mckinnie said police and teachers ‘should receive theirs last week’.

A statement from the Government Communication Unit issued on March 31st stated that Cabinet has made the decision on March 26 and has instructed the Permanent Secretary of the Ministry of Public Service to advise public servants of this process.

“Under this latest measure, public servants under the non-essential services are authorized to take emergency paid leave of absence from work starting on March 31 until further notice.

“After 30 days leave period, public officers’ remuneration will be on half-pay until they are recalled to duty. On resumption to duty, officers’ salaries will be reinstated in full while the other 50% salary withheld during emergency leave will also be repaid in full.

“Salaries of non-established employees at grade levels 1 and 2 shall continue to be paid in full whether they are taking emergency leave or remain at work.

“Public Officers taking emergency leave shall be supported with a traveling assistance of $2,500.00 as a one-off payment irrespective of their leave destinations.

“Essential Services ministries and agencies will continue discharging their services as usual and are advised to adhere to all occupational health and safety measures in the course of duty.

“Any essential services officers who may have serious pre-existing health conditions are advised to consult their respective responsible officers if they wish to take emergency leave.

“All officers at the executive and senior management level across the service are instructed to work at home to maintain communication through available information and communication technologies. These categories include Permanent Secretaries, Under Secretaries, Directors, Financial Controllers and Human Resource Managers.”

Meanwhile some teachers have also questioned why they have been left out of the $2,500 travelling allowance as they are also public servants under non-essential services.

MMF president calls for overhaul of the high court

By Alfred Sasako

THE Malaita Masina Forum (MMF) has bought into on-going controversies surrounding some High Court judgements, claiming the High Court is in urgent need of a major clean up.

“There is no hope for justice in this country if the current judges remain on the bench,” MMF President William Gua told Island in an exclusive interview this week.

“They don’t respond to letters or concerns that the ordinary people raised with them from time to time. This constitutes maladministration, which in some jurisdiction carries a penalty,” Mr. Gua said.

“I can only imagine how many innocent people out there are being robbed of justice,” Mr. Gua said.

He gave an example of a recent High Court case involving logging operations in which he was a party.

“We have run through the entire process from the local and magistrates courts. The final order was the matter be sent to the High Court for judgement. We were expecting a judgement, which would put the matter to rest.

“Given that a logging company involved in the case had admitted a contempt of court order, we had no doubt the ruling would be in our favour. It did not,” Mr. Gua said.

“Instead, this particular judge ruled that we had to go back to the local court again,” Mr. Gua said.

“So I wrote to the Chief Justice six months ago calling on him to immediately remove the Judge who presided in our case because it was very clear the Judge was on the side of the logging company. We have no doubt he favored the logging company,” Mr. Gua told Island Sun.

“My letter to the Chief Justice was also copied to the Governor General and others. I am still waiting for the Chief Justice to even acknowledge the receipt of my letter six months on,” he said.

“Now this tells me something is very wrong with the administration of justice in this country. And when I heard of removal from office of winning candidates Jamie Vokia and John Moffat Fugui under questionable rulings, I am not surprised,” he said.

He said what is coming out are simply the symptoms of a system that urgently needs a major clean up.

“Symptoms only come out to warn of a much bigger and underlying problem. It must be dealt with. And for me, as long as the administration of the High Court is allowed to go unchecked, there will never be justice in this country,” Mr. Gua said.

“We have information on certain judges. This will be provided at the appropriate time,” he said.

By EDDIE OSIFELO

THE Government should have established a tribunal before it imposed the curfew in Honiara from Friday -Saturday.

A prominent senior lawyer expressed this after Chief Magistrate Emma Garo discharged 58 of the 63 people arrested for breaching the two days curfew on Tuesday because there was no charge filed to the court against them by police and prosecution.

Magistrate Garo said since there was no charge filed to the court regarding the accused the court has no power to preside over their case.

She said that she is making the order as the Chief Magistrate in sending the people back, but if police and prosecution file charges to the court, their cases can be called back, because a criminal process can only be triggered when charges are filed and a magistrate’s signature on the charges.

Garo said the accused were around the court premises from 9am to 2.30pm without any charges prepared and filed.

The lawyer who wished to remain anonymous, said establishing a Tribunal is required under Section 16, subsection 8 of the National Constitution.

In subsection 8, it states that where a person is detained by virtue of a law that authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists in Solomon Islands during that period, the following provisions shall apply, that is to say –

1. he shall, as soon as reasonable practicable, be furnished with a statement in writing, in a language that he understands, specifying in detail the grounds upon which he is detained;
2. the announcement of his detention shall be made as soon as possible and not more than fourteen days after the commencement of his detention a notification shall be publish in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised.
3. not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law consisting of a Chairman appointed by the Chief Justice and two other persons appointed by the Judicial and Legal Service Commission;
4. he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal; and
5. at the hearing of his case by the tribunal he shall be permitted to appear in person or by a legal representative of his own choice.

The lawyer believes this maybe the reasons why the court could not deal with the 58 people because only the Tribunal can hear their cases.

“I think the Tribunal should be established before the Prime Minister orders the curfew.

“The curfew is good to restrict people’s movement due to the coronavirus but the system needs to be put in place first,” the lawyer said.

The lawyer said when the Governor General declared the State of Public Emergency under Section 16 of the Constitution due to the threat of the pandemic; the GG gave the power to the Prime Minister to execute it.

However, the challenge is the order would affect the rights of the people which the same Constitution protects like the freedom of movement and freedom of speech.

“So the issue here is where do we strike the balance.

“I think by establishing the Tribunal can help address this situation,” the lawyer said.

Meanwhile, out of the total 63, only five have been charged.

Three pleaded not guilty to the charges while two entered guilty pleas yesterday.

However sentencing of the two accused who entered guilty pleas will be stayed awaiting the court to decide on the legal issues that was raised in court.

By EDDIE OSIFELO

MINISTRY of Education and Human Resources is pleased to hear the restart of Semester 1 at University of South Pacific (USP) Laucala campus on Monday, April 20, 2020.

Professor Pal Ahluwalia Vice-Chancellor and President of the University of the South Pacific confirmed this through a memo to the staff and students.

The VC stated although most Campuses remain in lockdown, they expect the remainder of this Semester to be taught on a remote basis.

He said consequently, all students can access USP teaching materials remotely through Moodle. 

“Please note that we expect all students to resume studying remotely next week.

“For students studying in trimesters or other terms, please contact your Course Coordinator for further information. 

1. For our students in Fiji, Vodafone and Digicel have made provisions for their customers to access USP website and Moodle for free. 
2. For our students in the Regional Campuses, similar arrangements with network providers are being sought by our Campus Directors. Regional students please stay in touch with your Campus Directors for further information.
3. Please follow advisories from your Governments regarding COVID-19 restrictions.”

PS Rodie said he was pleased with the decision because it would mean a lot to our students in terms of continuation of their education.

He said USP was closed for a good number of weeks and our students’ education was disrupted quite drastically however the decision or advisory issued is welcoming.

“Our tertiary students’ learning was impacted significantly.

“If the closure of the USP were to be prolonged for say more than three months, it would have devastating impact not only on students’ learning but also the entire university would suffer to a large extent in terms of loss of revenue should students defer their courses till 2021,” PS Rodie said.

“I am of the view that stringent measures, orders and regulations imposed by the Fiji Government will still be applied till the coronavirus threat at the Laucala campus or in Suva/Fiji is completed eliminated,” he said.

About 1,100 students are currently studying in various universities in Fiji.

Recently, the government gave an additional $5000 SBD to the students to help them during the pandemic situation in Fiji.